UNIVERSITY  of  CALIFORNIA 

AT 

LOS  ANGELES 

LIBRARY 


GENERAL  LAWS 


AND 


CONSTITUTIONAL  PROVISIONS 


OF  THE 


State  of  Washington 


RELATING   TO 


EAILROADS 


TOGETHER   WITH 


ANNOTATIONS  OF  THE  LAWS  OF  OTHER  STATES 


RELATING    TO 


RAILROAD  COMMISSIONS 


COMPILED   AND   ANNOTATED   BY 

.T.  AV.  LYSONS 


PUBLISHED   BV   AUTHORITY   OF 

1ie  Railroad  Commission  of  Washington 


COMMISSIONERS: 

H.   A.  Fairchild,  Chairman 
John  C.  Lawrence 
Jesse  S.  Jones 

O .  ( ) .  C A  r .  1 ) i; li H 10 A d .  Secrela ry 


Oi.YMPJA,  Wash.: 

C.  W.  GoHHAM,  State  Pkintkh 

1907 


96843 


n 


]  s 


T^BLK    OK    CONTENTS. 

CONSTITUTIONAL   PROVISIONS   RELATING  TO 
RAILROADS. 

Article  12,  Constitution  of  Washington. 

Section     1.     Corporations,  How  Formed. 

Regulated  or  Restrained  by  Law. 
5.     Term  "Corporation"  Defined. 
Right   to   Sue  and   Be   Sued. 
10.     Eminent  Domain  Affects   Corporations. 

Legislature   May  Take   Property  and    Franchises  of 
Corporations. 
V  13.     Regulation  of  Common  Carriers. 

VN.  Subject   to  Legislative  Control. 

Railroads  May  Cross  or  Connect  With  Each  Other. 
Railroads  Must  Transport  Each  Other's  Passengers, 
Cars,  Etc. 
^  14.     Combinations  by  Carriers  Prohibited. 

»^  15.     Discriminating  Charges  Prohibited. 

Charges  for  Long  and  Short  Haul. 
Excursion    and    Commutation    Tickets. 
16.     Competing  Lines  Cannot  Consolidate. 
18.     Maximum  Rates  for  Transportation. 
Legislature  to  Prevent  Discrimination. 
Railroad  Commission  May  Be  Established. 

20.  Free  Tran3])ortation  Prohibited. 
Legislature  to  Enforce  This  Section. 

21.  Relations  Between  Express  and  Railroad  Companies. 

22.  Monopolies  and   Trusts   Prohibited. 
Legislature   to  Enforce  This   Section 


RAILROAD   COMMISSION    LAW   OF    1907. 

Sectio.x     1.     Three  Commissioners    to  be  appointed  by  Governor. 

Term  of  office  six  years. 

May  be  removed  by  the  Governor. 

(a)   To  hold  no  other  office. 

(ft)   Vacancies  filled  by  the  Governor. 

(c)   Give  Surety  Bond  for  $20,000. 
,  (d)   Salary  of  $4,000. 


TABLE   OF   CONTENTS 

Section     2.     Organization   of   Commission. 

Secretary,  Clerks,  Experts,  Engineer,  etc. 

Official  Name  and  Seal. 

Supplies  on  order  of  the  Governor. 

Traveling  Expenses  to  be  Paid. 

(a)    Sessions  May  be  Held  at  Different  Places. 

3.  General   Grant  of  Powers. 

TarilT  Charges,  Train  Service,  Equipment,  etc. 

Commission  May  Order  Changes  in  Service. 

Power  to  Correct  Unreasonable  Charges. 

Demurrage  and  Reciprocal  Demurrage. 

May  Declare  What  is  Just  and  Reasonable  Rate. 

Proceedings  in  Court. 

Time  of  Action  and  Right  of  Appeal. 

(a)  Commission  May  Rescind  or  Amend  any  Order. 

(b)  May  Petition  for  Rehearing  after  six  Months. 

4.  Joint  Railroad  Rates  and  Division  Thereof. 

6      Refusal    of  Railroad    Agents    to  Obey  Orders  Com- 
mission. 
Recovery  of  Penalties. 

6.  Complaint  About  Rates,  Train  Service,  etc. 
Thirty  Days'  Notice  of  liearing. 
Complaints  in  Name  of  Commission. 

Several  Complaints  May  Be  Joined  in  One  Hearing, 
(a)   May  Require  Bulletining  of  Trains. 
May  Promulgate  Demurrage  Rules. 
Railroads  May  File  Objections  Within  Twenty  Days. 
Commission  May  Make  Rules  to  Govern  Proceedings. 
I  ,  (b)   Commissioners    May    Take    Oaths.    Issue    Sub- 

poenas, etc. 
Superior  Court  May  Compel  Attendance  of  Witnesses 
Number  of  Witnesses  May  be  Limited 

(c)  Complaintant  May  Appeal  from  Order  of  Com- 

mission. 

7.  Rates  Fixed  are  Provisional  if  Appealed  From. 
Final  Judgment  Absolute. 

8.  Burden  of  Proof  After  Rate  is  Fixed 

9.  Superior  Courts  to  Have  Jurisdiction. 
Action  by  Attorney  General  in  Name  of  State. 
Precedence  in  Superior  Court. 

Enforcing  Court  Decree. 

May  petition  for  Modification  of  Decree.  .  , 

Precedence  in  Supreme  Court  on  Appeal. 
10.     Railroads  Must  Furnish  Rate  Schedules,  etc. 

Rate  Schedules  Must  be  Filed  at  Stations. 
IL     Inspection  of  Railroad  Books  and  Records. 

(a)   Liability  for  Refusal  to  Allow  Inspection.  ' 


TABLE    OF    CONTENTS 

Section  12.     Commission      to   Ascertain     Cost   of   Railroad   Con- 
struction. 
Capital  Stock.  Expenses,  Earnings.  Grades,  etc.,  etc 
Commission  to  Have  Hearings  to  Fix  Values,  etc. 
1  Evidence    to    be    Introduced    and    Findings    of    Fact 

Made. 
Appeal  May  be  Taken  from  Findings  Made. 
Experts  May  be  Employed  by  Commission. 

13.  Commission  to  Prescribe  Blank  Forms  for  Railroads. 
Penalty    for    Refusal    to    Produce    Records    and    Ac- 
counts. 

(a)  Agents  Must  Produce  Books  and  Give  Testi- 
mony. 

(&)   Commission  to  Make  Annual  Report  to  Governor 

(c)  Investigate  Through  Rates  and  Report  to  Inter- 
state  Commission. 

(f)   Railroads  Must  Produce  Records  or  Copies. 

14.  Witness  Fees,  Mileage  and  Depositions. 
No  Fees  to  Be  Paid  Railroad  Witnesses. 

15.  Unjust  Discrimination  in  Rates  or  Service  Prohibited 

(a)  No  Preference  to  Shipper  or  Localities. 

(b)  Business    Must    be    Handled    as    Prescribed    by- 

Rules. 
Connecting  Lines  Must  Handle  Bu.-iues&  Promptly'. 

(c)  Long  and  Short  Haul  Rules. 

(fZ)    Penalty  for  Violation  of  This  Section. 

(e)    Free  and  Reduced  Transportation. 

if)   Free  Transportation  for  Live  Stock  Attendant. 

16.  False  Billing,  Classification,  etc..  Prohibited. 

17.  General  Liability  for  Refusal  to  Obey  Law. 

18.  Penalty  for  Violation  of  Commission  Law. 

19.  Suits    in    Superior    Court    of    Thurston    County    or 

Other  County. 

20.  Certified  Copies  of  Rates,  Orders,  Rules,  etc. 
Fees  to  be  Charged  for  Certain  Copies  Furnished. 

21.  Commission  to  Enforce  all  Railroad  Laws. 
Attorney   General   to   Institute  Proceedings. 

22.  Terms  "Road,"  "Railroad,"  "Express,"  etc.,  Defined. 
Street  Railroads  Not  Included  in  Law. 
"Demurrage"  and  "Reciprocal  Demurrage"  Defined. 

23.  Right  of  Action  and  Cumulative  Penalties. 
Liability  of  Live  Stock  Carriers. 

24.  Appropriation  for  Commission,  Law  of  190,5. 

25.  Repeal    Clause. 

26.  Constitutionality  of  Law  or  any  Section. 

28.  Accidents  to  be  Investigated  by  Commission. 

29.  Railroads  Must  Keep  Car  Distribution  Book. 

30.  Commissioners  Must  be  Confirmed  by  Senate. 


TABLE   OF   CONTENTS 

Seclion  81.  Defective  Cars  or  Structures  Must  Not  be  Used. 

32.  Proper  Equipment  and  Safety  Appliances. 

33.  Inspector  of  Safety  Appliances  and  Tracks. 

34.  Duties  of  Inspector  of  Safety  Appliances  and  Tracks. 

35.  Commission  to  Condemn  Defective  Cars  and  Tracks. 

36.  Railroad  Officers  Must  Make  Repairs  When  Directed. 

37.  Monthly  Reports  of  Collisions  and  Accidents. 

38.  Liability   of   Railroad   Officers   for   Refusal   to   Obey 

Law. 


39.     Demurrage  and  Ilecipro.;,il  DiMnuiTage. 


Ho.     Maximum  Fceiyht   Rate   Liw   of   '93  on  Grain,  Hay, 
Etc.,  $5. 

70.     .Maximum    Freiirht   Rato   Law  of   "93  on  Grain,  Hay, 
Etc..  $4.75. 


75.     Maximum   Freijfiit   Rale   Law  of  "97  on  Ag^ricultural 
Product!^. 


94.  Care  of  Livestock  in  Transit. 

95.  Bicycks  Declared  lo  Be  Baggage. 


96.     Prohibiting  Blacklisting. 


97.     Prohibiting    Importation    ol    Infected     Horses    and 
Cattle.  

100.     Appointment  of  Lumber  and  Shingle  Weighers. 
110.     Cars  Loaded  With  Lumber  to  Be  Weighed. 


116.     Maximum  Passenger  Rates. 


120.     Ticket  Scalping  Prohibited. 


128.     Hours  of  Service  of  Railway  Employes. 
130.     Railroads  to  Fence  Riyht-of-Wav. 


133.     Regulations     Governing    Frogs    and    Switches    and 
Flagmen. 

136.     Overcharges  to  Be  Refunded  with  Interest. 


1.37.     Flat  Cars  to  Be  Equiped  with  Stakes,  Etc. 


139.     Purchase  of  Uniforms  by  Railway  Employes. 


Synopsis  of  Commission  Laws  of  Other  State* 


CONSTITUTIONAL  PROVISIONS. 


ARTICLE  12  of  the  Coxstititiox  of  Washington,  on  the  sub- 
ject of  Corporations  Other  Than  Municipal,  contains  the  fol- 
lowing  provisions    relating    to    railroads. 

In  the  annotations  following  each  section  the  Roman  numerals  re- 
fer to  the  Article  and  the  figures  to  the  Section  thereof  of  the  Consti- 
tution  of  the  state  named. 

Skctiox    1.      Cor uordi ions,     Hoic     Fovmed. — Corpora-  Under 

'  r  general 

tions   may   be    foniu'd    under    <i,-L'Uoral    law.s,   but    shall    not  i'^^^- 

bf    t-reatod    by    special    actsj        All    laws    relating"    to    cor- 

})orati()iis    may    be    alterid,    anit'iuled,    or    repealed    by    the 

Legislature  at  any  time,  and  all  eorporation.s  doing  busi-  f,p^jsfati\?e 

ness  in  this  State  may,  as  to  such  business,  be  regidated, 

limited  or   nst rained   by  law. 

Ala,.  XIV.,  l:  Ark..  XI 1.,  (1:  Cal.,  XII,,  1;  Colo..  XV..  2,  Z;  Idaho.  XI.. 
2  &  Z;  III.,  XI..  1;  hid.,  XI.,  lb;  Iowa.  VIII. ,  1;  Kan.,  XII.,  1 ;  T.a.,  247:  Me.. 
IVc,  14;  Md..  III..  48;  Mich.,  XV..  1;  Minn.,  X..  2:  Miss..  VII..  ITS;  Mo.. 
XII.,  2;  Mont.,  XV.,  2;  Neb.,  XIII., 1 ;  Nev.,  VIIT,,  1;  N.  Y,.  Vlll..  1:  N.  C, 
Vlir.,  ];  X.  D.  \'ll..  IMl:  Ohio.  Xlll..  2:  Ore.,  XL,  2;  S.  C.  XII.,  1; 
S.  D..  XVII.,  1;  Tenn.,  XI..  n;  'IV.v,,  XII.,  1.  2:  l^ali,  XII.,  1;  W.  Va., 
XI.,   1;    Wis..   XI..    I;    Wyo..   X.,   1. 

Skc.   5.      Term  ""Corporation'  Denned — Right   to  Sue  T^^.'^^Qf.^. 
and  Be  Sued. — The  term   "corporations"  as   used   in   this  f/^pd  ^^' 
article  shall   be   construed   to   include  all   associations   and 
joint    stock    compjinies    ha\ing    any    powers    or    prvdeges 
of  cor})orations   not   possessed  by   individuals   oi-   partner- 
ships, and  all  corporations  shall  have  the  right  to  sue  and  ^^n^i'^^p'sued 
shall   be  subject   to.be  sued   in   all   c-ourts   in   like  cases  as 
natural  fjcrsons. 

Ala.  XIV..  12.  i:J;  Cal..  XII.,  4;  Idaho.  XI..  16;  Kan.,  XI 1..  (1;  K.v.,  208; 
I.a.,  240;  Mich..  XV,.  11;  Minn,,  X,,  1;  Miss,.  VI  I. .199;  Mo,.  XII,.  11 :  Mont,. 
XV.,  IS;  Net-,.  XIII,.  :!;  Nev,.VIII..  .■>;  N.  V..  Vlll..  :!;  N.  C..V1II..  :!:  -V. 
D.,VII.,  144:  Okla.,  IX.,  1:  Penn..  XVI.,  i:!:  S.  IX.  XVll..  lit;  llah.  .\ll.. 
4. 

Skc.   10.     Kniiiieuf   Doiiniiu   Afj'erting.      The  ixeri'ise  of  i'/,',"]|!'I,^\\, 
the  right  of  eminent  domain  shall  nt'xer  be  so  abi'idged  or  nlf^u^'io.*'"^'' 
construed   as   to    prexcnt    the    Ltgislature   fi'om    takmg   the 
])rof)ei-ty    and    franchises   of   incor|)()rated    companies,   and 


8  RAILROxVD   LAWS   OF    WASHINGTON 

subjecting  tliein  to  public  use  the  same  as  the  property 
of  individuals. 

Ala.,  I.,  24;  Ark..  XII,  9;  XVII,  9;  Cal.,  XII.,  8;  Colo.,  XV.,  8;  |Idaho, 
XI.,  S;  HI..  XI.,  14;  Kan.,  XII,  4;  Ky.,  211;  La.,  243;  Mich.,  XV.,  9; 
Minn.,  X.,  4;.  Miss.,  190;  Mo.,  XII.,  4;  Mont.,  XV.,  9;  Neb.,  XI.,  6;  Nev., 
VIII.,  7;  N.  D.,  VII.,  134;  Ohio,  XIII.,  5;  Ore.,  XI.,  4;  Penn.,  XVI.,  3; 
S.  C,  XII..  3;  S.  D.,  XVII.,  4;  Utah,  XI.,  11;  W.  Va.,  XI..  12;  Wyo., 
X..  9. 

Skc.  13.  Common  Carriers,  Regulation  of. — All  rail- 
controt*'^*^  road,  canal  and  other  transportation  companies,  are  de- 
clared to  be  common  carriers  and  subject  to  Legislative 
control.  Any  association  or  corporation  organized  for 
the  purpose,  under  the  laws  of  this  State,  shall  have  the 
right  to  connect  at  the  State  line  Avith  railroads  of  other 
states.  Every  railroad  company  shall  have  the  right  with 
its  road,  whether  the  same  is  now  constructed  or  may  here- 
after be  constructed,  to  intersect,  cross  or  connect  with  any 
Cross  or        other  railroad,  and  when  such  railroads  are  of  the  same  or 

connect  with 

other  roads,  similar  guage  they  shall,  at  all  crossings  and  at  all 
points  Avhere  a  railroad  shall  begin  or  terminate  at  or  near 
any  other  railroad,  form  proper  cormectioiis  so  that  the 
cars  of  any  such  railroad  companies  may  be  speedily  trans- 
ferred from  one  railroad  to  another.  All  railroad  corn- 
other  cars    panics  shall  receive  and  transport  each  the  other's  passen- 

to  be  re-         ^  r  r 

trarfsported  r^^^'^->  tonnage,  and  cars,  without  delay  or  discrimination. 

Ala..  XTV.,  21;  Ark.,  XVII..  1;  Cal..  XII.,  17;  Colo.,  XV.,  4;  Fla., 
XVI..  30;  Idaho,  XL,  5;  III.,  XI.,  12;  Ky.,  216;  La.,  243.  244;  Miss.,  VII., 
184;  Mo.,  XII.,  14;  Mont.,  XV.,  5;  Neb.,  XL,  4;  N.  D.,  VII..  142.  143;  Okla., 
IX.,  2,  3;  Penn.,  XVII.,  1;  S.  D.,  XVIL.  15.  16;  Tex..  X..  1.  2;  lUah, 
XII.,  12;  W.  Va.,  XL.  9;   Wyo.,   X..   7;  Xa..  1.   2.  4. 

Sec.    14.      Prohibition    Against    Combination    bij    Car- 
No  combine   fiers. — No    railroad    companv   or   other   cjonimon     carrier 

on  earnings.  ' 

shall  combine  or  make  any  contract  with  the  owners  of  any 

vessel  that  leaves  port  or  makes  port  in  this  State,  or  with 

any  connnon  carrier,  by  which  combination  or  contract  the 

earnings  of  one  doing  the  carrying  arc  to  be  shared  by 

the  other  not  doing  the  cai'rving. 

Cal..  XII..  20;    Idaho.  XL.  18;  Ky..  214;   Mont..  XV.,  2n. 

Sec.  15.  Prohibition  Against  Discriminating  Charges. 
No  discrimination  in  charges  or  facilities  for  transporta- 


CONSTITUTIONAL   PROVISIONS  9 

tion   shall  be  made  by  any   railroad  or   other  transporta-  ,^atioTbe^' 

1     i  1  •      ii       i-      ■^•>.•         tween  per- 

tion  conipaiiv  between  places  or  persons,  or  m  the  facilities   sons  or 

i>    i»      •     1  places. 

for  the  transportation  of  the  same  classes  oi  freight  or 
passengers  within  this  State,  or  coming  from  or  going  to 
anv  other  state.  Persons  and  property  transported  over  long^lnd 
any  railroad,  or  by  any  otlier  transportation  company,  or 
individual,  shall  be  delivered  at  any  station,  landing  or 
port  at  charges  not  exceeding  the  charges  for  the  trans- 
portation of  persons  and  property  of  the  same  class,  in 

the  same  direction,  to  any  more  distant   station,  port   or 

II-  T?!  •  J  i-    4--  i."    1     4-  I        ;  .      Excursion 

landing.      JhjXcursion  and  commutation   tickets   may   be  is-   tickets. 

sued  at  special  rates. 

Ark..  XVII.,  3:  Cal..  XII..  21;  Colo..  XV.,  6:  Ga.,  IV.,  2;  Idaho,  XI., 
6;  Ky..  213,  21S;  Mich.,  XlXa.,  1;  Mo.,  XII..  12.  23;  Mont.,  XV..  7;  Neb., 
XL,   7;  Okla.,  TX.,   30;   Penn.,  XVII.,  3,  7;   Tex.,  X.,   2. 

Sec.    16.      Prohibition  Against  Consolidation   of  Com-  solkJate ^*'"" 

,.  ,  .  ..^  .,  '  ,  .  ,     ,,  T  1    .      competing 

peting  Lines. — .\o  railroad  corporation  shall  consolidate  lines, 
its  stock,  property,  or  franchises  with  any  other  railroad 
corporation  owning  a  competing  line. 

Ark..  XVII..  4;  Colo.,  XV.,  5;  III.,  XI.,  11:  Ky..  201:  Mich..  XlXa.,  2; 
Mc,  XII.,  17;  Mont.,  XV.,  6;  Neb.,  XI.,  3;  N.  D..  VII.,  141;  Okla.,  IX.,  8, 
9;  Penn.,  XVII.,  4;  S.  D.,  XVII.,  14;  Tex.,  X..  5:  I'tah.,  XII.,  13;  W.  Va., 
XL,  11;   Wyo..  X.,  8. 

Sk<  .    IS.      Maximum   Bates   for   Transportation. — The  Maximum 

'  '  rates. 

Legislature   shall   pass  laws   establishing  reasonable  maxi- 

iiiuiii  rates  of  charges  for  the  trans]M)rtati(in  of  ]>assen- 
gers  and  freight,  and  to  correct  abuses  and  to  prevent 
discrimination  and  extortion  in  the  rates  of  freight  and  (^,.'JmJn"a\ion' 
passenger  tariff's  on  the  different  railroads  and  other  com- 
mon carriers  in  tlie  State,  and  shall  enforce  such  laws  by 
adequate   penalties.      A    railroad  and   transportation   com-  I'-^tabiish 

'  '  •  railroad 

mission    may    be    estal)lished,      and    its    powers    and    duties    *"'f""i'^«if>n- 

fully  defined  by  law. 

Ala..  XIV.,  22;  Ark..  XVII.,  10;  Cal..  IV.,  22,  ;J3;  Fla..  X\'l..  :iO:  111., 
XL,  ir.;  Ky.,  196,  209;  Mich..  XlXa.,  1;  Miss.,  VIL,  186;  Nol...  XL.  4: 
Okla.,   IX.,  :^7;  S.  D..  XVIL,  17;  Tex.,  XIL,  3.  4;   ftah.  XIL.  IB. 

Si;(  .  ^0.     Prohibition  Against  Free  Transportation  for  ''''?  tfa'is- 

"  '  '  ])()rtatlon 

Public  Owners. — No  railroad  or  other  transportation  com-   i"'*'!"''"'"**- 
pany  shall  grant  free  passes,  or  sell  tickets  or  passes  at  a 


10 


r.AlLLlOAD    LAWS   OF    WASLHXGTON 


All  express 
eompanies 
to   have 
same  treat- 
ment by 
railroads. 


Monopolies 
and  trusts 
prohibited. 


Duty  of 
Legislatire. 


(liscoiiiit,  otluT  than  sold  to  tlic  [)ublic  generally,  to  any 
incmhei-  of"  \hv  lAo-i.slaturc,  or  to  nny  person  liolding  any 
public  offico  within  this  State.  The  Legislature  shall  pass 
laws  to  cai'ry  this  provision  into  effect. 

.Ma.  XIV.,  2S:  Ark.,  XVII.,  7:  Cal.,  Xll..  19;  Fla.,  XVI.,  :l:  Idaho, 
XL,  (!:  Ky.,  197;  Miss.,  VII.,  l.SS;  Mo..  Xll.,  24;  N.  Y.,  XIII.,  '>:  Okla., 
IX.,   13;    Penn.,   XVII.,  8. 

A  public  officer  traveling  upon  a  free  pass  issued  by  a  trans- 
portation company  is  estopped  from  setting  up  in  a  certain  action 
for  damages  arising  from  ttie  negligence  of  the  company,  that  the 
pass  issued  to  him  was  void  under  the  constitution,  and  that  the 
condition  attached  to  its  acceptance  and  use  were,  consequently, 
inoperative.     Muldoon  v.  Seattle  City  Ry.  Co.,  10  W.,  311. 

A  notary  public  is  a  public  officer  within  the  provision  of  Art. 
XIII.,  Sec.  5,  N.  Y.  Const.:  Providing,  That  any  public  officer 
who  shall  travel  on  a  free  oass  shall  forfeit  his  office.  People 
V.  Rathborne.  32  N.  Y.  Sup.,  108. 

Sec.  21.  Express  Companies. — Railroad  companies, 
now  or  hereafter  organized  or  doino-  btisiness  in  this  State 
shall  allow  all  express  companies  organized  or  doing*  busi- 
ness in  this  State  transportation  over  all  lines  of  railroad 
owned  or  operated  by  such  railroad  companies  upon  equal 
terms  with  any  other  express  company  ;  and  no  railroad 
corporation  organized  or  doing  business  in  this  State  shall 
allow  any  express  corporation  or  company  any  facilities, 
privileges  or  rates  for  transportation  of  men  or  materials 
or  property  carried  hy  them,  or  for  doing  the  business  of 
such  express  coni})ani</;,  not  allowed  to  all  expres^j  com- 
panies. 

See  supra.   Sec.   1.5. 

Skc.  22.  Monopolies  and  Trusts. — ^Monopolies  and 
trusts  shall  ne\er  be  allowed  in  this  State,  and  no  incor- 
])orated  company,  co-partnership,  or  association  of  per- 
sons in  this  State  shall  directly  or  indirectly  combine  or 
make  any  contract  with  any  other  incor})orated  comj^any, 
foreign  or  domestic,  through  their  stockholders,  or  the 
trustees  or  assigns  of  such  stockholders,  or  with  any  co- 
()urtnership  or  association  of  persons,  or  in  any  manner 
whatever,  for  the  purpose  of  fixing  the  price  or  limiting 
the  production  or  regulating  the  transportation  or  any 
product  or  commodity.  The  Legislature  shall  pass  laws 
for  the  enforcement  of  this  section  by  adequate  penalties, 
and  in  case  of  incorporated  companies,  if  necessary  for 
that  purpose,  may  declare  a  forfeiture  of  their  franchise. 

Mi.ss.,  VII.,  19S;   S.   D.,   VII.,  146;  Utah.,  XII.,   20. 


ESTABLISHING   A   RAILROAD   COMMISSION. 


(Ill  the  annotations  following:  each  section  the  references  are  to 
synopses  of  commission  laws  of  the  other  states,  which  synopses  will 
be  found  at  the  latter  part  of  th=s  work,  arranged  alphabetically  by 
states.  The  numbers  refer  to  paragraphs  in  the  synopsis  of  the  state 
named.     For  further   information  see  beginning  of  SYNOPSES.) 

Chaptkr  81,   L.wvs  OF   1U05. 

(As  amended   by  Chapter  226  of  Laws  of  1907.) 

Ax  A*  T  relating  to  railroads  and  express  companies  and  pro- 
viding for  the  regulation  thereof,  and  amending  sections  2,  ''>. 
4,  G,  12,  13,  15,  20  and  22  [and  23]  of  an  act  entitled  "An  act 
to  establish  a  Railroad  Commission  for  the  State  of  Wash- 
ington whereby  discrimination  and  extortion  in  railroad  and 
express  charges  may  be  prevented  and  reasonable  and  just 
freight  and  passenger  service  and  tariff  may  be  corrected  and 
established;  to  authorize  the  Commission  to  malve  all  neces- 
sary rules  and  regulations  for  its  governmen;  and  the  carry- 
ing into  effect  the  provisions  of  this  act;  to  give  to  said 
Commission  the  power  to  regulate  the  sale  of  railroad  tickets, 
and  to  correct  and  provide  charges  for  hauling  loaded  or 
empty  cars,  proper  trackage,  proper  train  service,  sufBcient 
freight  and  passenger  rooms,  and  just  and  reasonable  joint 
rates  and  demurrage  charges;  to  prescribe  penalties  for  the 
violation  of  this  act,  and  to  provide  means  and  rules  for  its 
proper  enforcement,  and  making  an  appropriation  therefor," 
approved  March  7,  1905,  being  chapter  81  of  the  Laws  of  the 
Legislature  of  the  State  of  Washington  passed  in  the  year 
1905;  and  to  authorize  the  Commission  to  provide  for  proper 
railroad  connections  and  sidings;  to  provide  proper  and  rea- 
sonable charges  or  penalties  to  be  paid  by  shippers  for  failure 
to  promptly  load  and  unload  cars;  to  provide  proper  and  rea- 
sonable charges  or  penalties  to  be  paid  by  railroads  to  ship- 
pers for  failure  to  promptly  furnish  cars  and  equipment  after 
demand  therefor,  or  to  promptly  and  expeditiously  deliver  cars 
and  freight  to  the  consignee,  and  to  make  all  necessary  rules 
and  regulations  to  carry  such  provisions  into  effoct;  to  au- 
thorize and  empower  said  Commission  to  ascei'tain  the  value 
of  all  railroad  i)ropprty  in  this  state  for  the  public  con- 
venience; to  authori/.e  the  Commission  to  make  fiin;in.i?s 
thereon  and  establish  rules  of  evidence  governing  the 
same;    to    authorize    said    Commission    to    designate    certain 


12 


RAILROAD    LAWS   OF   WASHINGTON 


books  and  accounts  to  be  kept  by  the  railroad  and  express 
companies  doing  business  in  this  state;  providing  for  safety 
appliances  and  track  inspection;  authorizing  said  Commission 
to  investigate  accidents;  and  to  provide  penalties  for  the  viola- 
tion of  this  act,  and  declaring  an  emergency.     (Laws  1907.) 

Be  il  ciutclcd  hi/  llic Lff/ishil III ('  of  ilic Sf/tic ()l']V/is]nii(/fon : 

1.      (1)       That     a     Railroad     C'oniini.ssion     is     hereby 

created,  to  he  composed  of  three  persons  to  be  appointed 

Governor  to   })y  tJic  Governor.      Witliin   thirty  days  after  this  enact- 

appoint—  '  .  ^ 

term.  ment  shall  go  into    effect,    three    commissioners  shall  be 

appointed,  one  of  whom  shall  be  designated  as  chairman, 
one  for  the  term  of  six  years,  one  for  the  term  of  four 
years  and  one  for  the  term  of  two  years  ;  and  thereafter 
the  term  of  each  commissioner  shall  be  six  years  from  the 
date  of  the  expiration  of  the  term  of  his  predecessor. 
Each  commissioner  shall  hold  office  until  his  successor  shall 
liave  been  appointed  and  qualified.  A  commissioner  may 
be  removed  by  the  Governor  for  any  cause  which  he  shall 
deem  stifficient,  which  power  of  removal  shall  be  absolute, 
and  there  shall  be  no  riglit  to  review  of  the  same  in  any 
court  whatsoever :  the  cause  or  causes  for  such  removal 
shall  be  set  forth  by  the  Governor  in  a  written  statement 
which  shall  he  immediately  filed  with  the  Secretary  of 
State. 

Ala.,  1.  4,  .5,  7,  31;  Ark.,  1,  4;  Cal.,  4,  16,  IS,  19;  Colo.,  18;  Conn.,  1,  2; 
Fla.,  1.2,  5;  Ga.,  1,  3,  5;  111.,  33;  Ind.,  1,  2;  la.,  84,  85,  86;  Kan.,  55;  Ky., 
1,  2,  4,  5;  Me.,  11;  Mass.,  2,  3,;  Mich.,  1,  3;  Minn,,  1,  2,  5;  Miss.,  14,  15,  16; 
Mo.,  1;  Mont.,  1,  2,  11,  66;  N.  H.,  1,  2,  3  4,  5,  6;  N.  Y.,  2,  3,  4,  5,  6;  N.  C, 
16,  17;  N.  D..  18;  Ohio,  1,  3;  Okla.,  12;  Ore.,  1;  Fa.,  1;  R.  I.,  4,  42;  S.  C, 
17;  S.  D.,  41,  42,  104;  Tenn.,  19;   Tex.,  1,  2;  Vt.,  1,  2,  3;  Va.,  1,  7;    Wis.,  1, 


Removals. 


Shall  not 
hold  any 
other 
office. 


{(i)  No  commissioner  appointed  under  this  act  shall 
hold  any  other  office  tinder  the  government  of  the  United 
States,  or  of  this  state,  or  of  any  county  or  municipal  cor- 
poration within  tliis  state;  and  shall  not,  while  such  Com- 
missioner, engage  in  any  occupation  or  business  incon- 
sistent with  his  duties  as  such  Commissioner. 

Ala.,  16;  Ark.,  3;  Cal..  5;  Colo.,  19;  Conn.,  3;  Ga.,  2;  111.,  34;  Ind.,  6; 
la.,  34;  Kan.,  56;  Ky,,  3;  La.,  17;  Mich.,  2,  4;  Minn.,  3;  Mo.,  2;  Mont.,  3; 
N.  H.,  113;  N.  Y.,  12;  N.  C,  18;  N.  D.,  20;  Ohio,  2,  4,  5;  Okla.,  13,  14;  Ore., 
3;   S.  D.,  43;  Tenn.,  24,  25;  Tex.,  3;  Vt.,  4;  Va.,  3;   Wis.,  2,  4,  5. 


AMENDED   COMMISSION    LAW  13 

(b)  The  Governor  shall  fill  all  vacancies  in  the  office  Vacancies. 
of  Commissioner  by  appointment,  and  the  person  so  ap- 
pointed shall  fill  out  the  unexpired  term  of  his  predecessor. 

Cal.,  17;  Ga..  7;  Mont.,  4,  5;  Ore.,  2. 

(c)  Before  enterincr  upon  the  duties  of  his  office  each  ^f"'"^*g^;„^^^J 
of  said  Commissioners  shall  give  a  surety  company  bond 

(the  cost  of  said  bond  to  be  paid  by  the  state)  in  the  sum 
of  twenty  thousand  ($20,000)  dollars,  payable  to  the 
State  of  Washington,  conditioned  upon  the  faithful  per-' 
formancc  of  his  duties,  and  shall  take  and  subscribe  to  the 
usual  oath  of  office  prescribed  by  law  for  state  officers,  and  ^^^^  °^ 
shall  in  addition  thereto  swear  that  he  is  not  directly  or  in- 
directly interested  in  aii}^  railroad  or  express  company,  noi- 
the  bonds,  stock,  mortgages,  securities,  contracts,  or  earn- 
ings of  any  railroad  or  express  company,  and  that  he  will, 
to  the  best  of  his  ability  faithfully  and  justly  execute  and 
enforce  the  provisions  of  this  act  and  all  laws  of  this  state 
concerning  railroad  or  express  companies,  which  oath 
shall  be  filed  with  the  Secretary  of  State. 

Fla..  6;  Ga.,  S;  111..  2.5;  Tnd..  5;  Kan..  .57;  Mass..  6;  Mo..  14;  N.  D.. 
21;   Ohio,  6;   Ore.,   4;   Pa.,  :3;   S.    D.,   50;   Tenn..  26;   Yt.,   7. 

(d)  Each   of  said   ("ommissioners   sjiall    receive  an   an-  Salary 
nual  salary  of  four  thousand  dollars,  j)ayable  in  the  same 
manner  as  the  salaries  of  othci"  state  officers.  (Laws  TOO-').) 

Cal.,  21;  Colo.,  20;  Fla..  :!;  C,a.,  1;  111..  :«i:  la.,  G3;  Kan..  4;  Ky..  7; 
l.a..  12;  Mass.,  7;  Mich.,  5;  Minn.,  4;  Mo.,  13;  Mont.,  13;  N.  H..  4;  N.  Y., 
16;  X.  D.,  22;  Ohio,  7;  Pa..  1(5;  R.  I.,  43;  S.  D.,  51;  Tenn.,  21;  Tex.,  4; 
Vt.,  42,  43;  Wi.s.,  6. 

2.       (2)    Tile   Commission    appointed   shall    meet    at    the  (^r.i,'aniza- 
state   capitol    and   organize.         A    majority    of   said   Com- 
missioners shall  constitute  a  (juorum  to  transact  business.  Qunium. 

Said  Commission   niav  appoint  a  secretarv  at  a  salarv  of  Secretary 

and  salary 
not  more  than  two  thousand  dollars  per  aniunn,  an  expert  thereof. 

rate  clerk  and  statistician  at  a  salarv  of  not  to  exceed  two   '''\'^'  ,*''t'*^. 

and   slatisti- 

thousand  dollai"s  per  annum,  a  civil  enfi'ineer  at  a  salarv  of  '''}"  ^"'^ 
t  ^  f~<  .  salary 

not  to  exceed  two  thousand  dollars  per  aiuuini.  and  a  sten-  thereof. 
ographer  com})etent  to  report  hearing  at  a  salary  of  not  rvnn^^sa\-' 
to  exceed  fifteen  hundred  dollars  per  annum,  and  may  ap-  '""^     leno  . 


J4  RAILliOAD    LAWS   OF    WASHINGTON 

Clerks.  point  such  clerks  as  may  l)c  necessary,  not  to  exceed  three 

in  iHiniher,  at  a  salary  of*  not  to  exceed  twelve  lunidred  dol- 
lars per  annum  each,  and  such  other  persons  as  experts 
as  may  \)v  necessary  to  perform  the  duties  that  ma}'  be 
required  of  them  by  this  act.    The  secretar}^  shall  keep  full 

Minutes.  m^,}  con-cct  minutes  of  all  transactions  and  proceedings  of 
said  Commission,  and  perform  such  duties  as  may  be  re- 
(juired  by  the  Commission.  The  Conmiission  .shall  have 
power  to  make  all  needful  rules  for  their  government  and 

Official  proceedings.      They    shall   be   known   collectively   as   "The 

name  and       -jo.. 

.seal.  Railroad  Connnission  of  Washington,"  and  shall  adopt  and 

use  an  official  seal.  They  shall  be  furnished  with  an  office 
at  the  state  capitol,  and  with  necessary  furniture,  station- 
upp  les.  ^^j.^,  ^j^jj  ^uppjipg^  Iq  \^(>  paid  for  on  the  order  of  the  Gov- 
ernor.    The  Connnissioners  shall  reside  at  the  state  capital. 

Traveling      'j'jjj^  Commissioners,  secretary  and  clerks,  if  any,  shall  be 

expenses.  '  •'  ^  .7  ■> 

entitled  to  receive  from  the  state  their  actual  ncessary 
traveling  expenses  while  traveling  on  the  Inisiness  of  the 
Connnission,  to  be  paid  upon  the  presentation  to  the  State 
one  ers.  Auditor  of  an  itemized  statement  thereof,  with  vouchers  at" 
tached  sworn  to  by  the  party  who  incurred  the  expense  and 
approved  by  the  Connnission. 

Ala..  2,  3,  8,  10;  Ark.,  5,  6,  7,  8.  10,  11,  13,  15,  16,  73,  79;  Cal.,  20,  22,  23. 
24,  30,  J5,  37;  Colo.,  46;  Conn.,  4,  5,  6,  S;  Fla..  4,  S,  9;  Ga.,  9,  10;  111..  37, 
38,  53;  Ind.,  7,  8,  9,  11,  15;  la.,  21,  23,  54,  &7;  Kan.,  1,  2,  3,  59;  Ky..  S,  9;  I.a.. 
2.  5,  13;  Mass..  4,  5,  S,  9,  33;  Mich.,  6,  8,  9,  10,  tS;  Minn.,  6,  7,  9,  10.  11; 
Miss.,  17,  18,  20,  21,  69;  Mo.,  15;  Mont.,  6,  7,  9,  10,  12,  14.  15,  16;  N.  H.,  7,  8, 
11:  N.  Y..  8,  9,  10,  11,  13,  18,  19,  20;  N.  C,  li9,  34;  N.  D.,  19,  23,  24,  25,  84; 
Ohio.  8,  9,  10,  11,  12,  13;  Okla.  19,  34;  Ore.,  5,  6;  Pa.,  2,  17;  S.  C,  21,  24; 
S.  D.,  44,  45,  46,  47,  48;  Tenn..  4.  7,  20,  22,  23;  Tex.,  5,  6,  7,  8;  Vt.,  6,  8,  H, 
13.  14,  2:^  44;  Va..  4,  5,  7.  8.   10.   11,  23;   Wis.,  8,  10,   11,   13.   14,  49. 

Session.s.  (.^^       Said  Commission  may  hold  sessions  at  any  place  in 

this  state  when  deemed  necessary  to  facilitate  the  dis- 
charge of  their  duties.     (Laws  1907.) 

Ark.,    19;   Cal.,    31,   .32;   Colo..    47;    Fla..   Id;    Wis.,    12. 

3.  (3)  That  the  freight  and  passenger  tariffs, 
charges  for  transportation  of  loaded  or  empty  cars, 
whether  said  freight  or  cars  be  transportated  over  one  line 
of  railroad  or  over  two  or  more  lines  of  railroad,  charges 
for  demurrage  and   reci})rocal   demurrage,  as   hereinafter 


Power  of 
mmis- 

inn. 


AMENDED    LOMMISSIOX    E.WV  15 

defined,  trackaov,  railroad  coiiiieetioiis,  sidiiio-s,  eiiulpnieiit,  ^^^'j?^^^p^^*" 
facilities,  train  service,  waiting  rooms  for  passcng-ers  and  tr-u-k^co^u- 
roonis  for  freight  and  baggage  at  all  stations  of  railroads,  "rai,',""erv- 
and  charges  tor  every  kind  and  class  ot  property,  nioncy,  i-oo^s.  ex- 
papers,  packages  and  all   other  things   to  he  charged   for  (.i,;iVge,  etc.. 
and  received  by  eacli  express  coin})any,  on  all  such  })rof)-  sDiuibie  ami 

1  II-  1  •    I      1         J.I       suffirient. 

erty,  money,  pa[)ers,  packages  and  thmgs  which  by  the 
contract  to  carry  are  to  be  transported  by  said  express 
company,  to  be  demanded,  collected,  enforced  or  per- 
foinied  by  railroad  or  exf)ress  c()m})anies  shall  be  ,just,  fair, 
reasonable  and  sufficient;  and  the  said  Railroad  ("ommis- 
sioii  of  Washington  is  hereby  vested  with  power  and  an- (^,'^ 
thority,  u})on  complaint  made  as  hereinafter  provided  or  ^ 
by  in()uiry  upon  their  own  motion,  after  a  full  hearing,  to 
Miake  any  finding  declaring  any  existing  rate  or  absence  of 
rate,  joint  or  otherwise,  for  the  transportation  of  })ersons 
or  property,  or  any  regulation  whatsoever  affecting  said 
rate  or  charge  for  transf)ortation  of  loaded  or  empty 
cars,  whether  the  said  rate  charged  be  over  one  line  of 
railroad  or  over  two  or  more  lines  of  railroad,  or  de- 
murrage or  reciprocal  demurrage  or  the  sufficiency  of  the 
trackage,  raih'oad  connections,  sidings,  e(jui})ment,  facil- 
ities, train  service,  and  waiting  rooms  for  passengers  and 
rooms  for  freight  and  baggage  to  he  unreasonable,  or 
unjustly  discriminatory,  or  Insufficient,  and  to  declare  and 
order  what  shall  be  a  .just  and  reasonable  rate,  .joint 
or  otherwise,  practice,  rule,  regulation  or  thing  to  be 
charged,  imj)osed,  enforced  or  performed  or  followed  in 
the  future  in  the  place  of  that  found  to  l;e  unreasonable,  or 
unjustly  diseriminatorv  or  insufficient,  and  to  ordn-  that 
<!.ddit:onal   trackaii'e  or  siding-s  be  constructed,  and  to  oi-- Additional 

'^  '^  irackagP. 

der  that  additional  ecjuipment  and  facilities  for  the  move- ^■'^'"• 

ment  of  passengers  and  freight  be  furnished,  and  that  I'ail- 

ro;id  connections  be  made  or  to  make  anv  findint'-  deelarina'  ^^V  "^^'^'^ 

^  "  orders  cor- 

anv    existin<i'    rate    for    the    transnortation    of    persons    or  ''"^'t'l's:  nn- 
i)roi)trtv,  or  anv  classification  which  has  been  tlu-  sub  ject  *''^'^'!^,'''^  '"" 

'  '  •  ■  •'  riiiKlit  Ions. 

of   inquiry,  after  notice  duly  given,  to  be  sufficientlv    re- 


16 


RAILROAD   LAWS   OF    WASHINGTON 


Service  of 
order. 


Proceed- 
ing's. 


nuiniTiitive  to  tlic  railroad  company,  or  to  be  rensoiiable, 
proper  and  sufficient,  and  to  order  that  the  same  be  not 
chaiif^'ed,  altered,  abro^'ated  or  discontinued,  either  Ijy 
changing  the  rate  or  classifiication,  without  first  obtaining 
the  consent  of  the  Connnission  authorizing  such  change  to 
be  made,  and  the  order  of  the  ('ommission  shall  of  its  own 
Give  force  take  effect  and  become  operative  twenty  days  after 

twenty  day.s  .  .  .  '  ' 

notice.  notice  thei»eof  has  been  given  to  the  railroad  or  express 

company  affected  thereby ;  which  said  order  shall  be  served 
on  railroad  and  express  companies  by  delivery  of  a  certi- 
fied copy  thereof  under  the  seal  of  the  Commission,  either 
to  the  attorney  for  the  railroad  or  express  company,  or 
the  said  company  itself.  Service  of  said  order  upon  any 
officer  upon  Avhom  suunnons  in  civil  actions  might  be  served 
shall  be  sufficient  service  thereof.  And  any  railroad  or  ex- 
press company  affected  by  the  order  of  the  Commission 
and  deeming  it  to  be  contrary  to  the  law,  may  institute  pro- 
ceedings in  the  superior  court  of  the  State  of  Washington 
in  the  county  in  which  the  hearing  before  the  Commission 
upon  the  complaint  had  been  held,  and  have  such  order  re- 
viewed and  its  reasonableness  and  lawfulness  inquired  into 
and  determined.  Pending  such  review,  if  the  court  having 
jurisdiction  shall  he  of  the  o])inioii  that  the  order  or  re- 
quirement of  the  Connnission  is  unreasonable,  or  unlawful, 

Court  may    it  may  suspend  the  same  until  the  further  order  of  the 

suspend  or- 

^^^-  court   pending   such    litigation,   in    which   event   the   court 

Bond  must     shall  require  a  bond  of  o-ood  and  sufficient  security  condi- 
be  given.  " 

tioncd  that  the  carrier  or  carriers  petitioning  for  such  re- 
view shall  answer  for  all  damages  caused  i)y  the  delay  in 
the  enforcement  of  the  order  of  the  Connnission,  and  all 
com})eiisati()n  for  whatever  smiis  for  transportation  ^ei'vice 
any  person  or  corporation  shall  be  compelled  to  pay  pend- 
ing the  review  proceedings,  in  excess  of  the  sums  such  per- 
son or  corfioration  would  have  been  compelled  to  f)ay  if  the 
order  of  said  Commission  had  not  been  suspended.  Said 
action  of  review  shall  he  taken  by  the  said  railroad  or  ex- 
press company  within  twenty  days  after  notice  of  said  jr 


AMENDED   COMMISSION   LAW 


17 


Right  of 
appeal. 


Additional 
bonds. 


Shall  be 
heard  and 
determined 
on  evidence 
introduced 
before  Com- 
mission. 


der,  and  if  said  action  of  review  is  not  taken  within  said  ^q*^®  °^  ^^' 
time,  then  in  all  litigation  thereafter  arising  between  the 
State  of  Washington  and  said  railroad  or  express  con:- 
pany,  or  private  parties  and  said  railroad  or  express  com- 
pany, the  said  order  shall  be  deemed  final  and  conclusive. 
If,  however,  said  action  in  review  is  instituted  withi.i  said 
time,  the  said  railroad  or  express  company  shall  have  the 
right  of  appeal  or  to  prosecute  by  other  appropriate  pro- 
ceedings, from  the  judgment  of  the  superior  court  to  the 
Supreme  Court  of  the  State  of  Washington,  as  in  civil 
actions.  In  all  such  proceedings,  however,  bonds  shall  be 
required  conditioned  as  hereinbefore  provided  in  addition 
to  the  usual  appeal  bond.  The  action  in  review  of  such  or- 
der, whether  by  writ  of  review  or  appeal,  or  otherwise, 
shall  be  heai'd  by  the  court  without  intervention  of  a  jury 
and  shall  be  heard  and  determined  upon  the  evidence  and  ex- 
hil)its  introduced  before  the  Commission  and  certified  to  by 
it.  No  complaint  shall  at  any  time  be  dismissed  because 
of  the  absence  of  direct  damage  to  the  complaint. 

Ala.,  21,  22,  23,  48,  51,  53,  54,  55,  56,  58,  59,  63,  64,  66,  75,  112,  113,  121,  137 
138,  152;  Ark.,  21,  22,  23,  24,  55,  Z6,  61,  75;  Cal.,  6,  13,  40,  42;  Colo.,  4,  5,  22, 
44,  51,  53,  56;  Conn.,  11;  Fla.,  16,  19,  24;  Ga.,  11,  13,14,  16,  16,  20,  27;  111. 
31;  Tnd.,  12,  14,  16,  20,  31,  61,  6?,  69;  la.,  13,  18,  20,  34,  25,  39,  56,  69,  75,  77 
78,  79,  80;  Kan.,  5,  6,  7,  11,  27,  30.  31,  48,  60,  61,  62,  84;  Ky.,  20;  La.,  3,  9 
23;  Me.,  18,  21;  Mass.,  14;  Mich.,  16,  17,  18,  25,  37,  49,  50,  51,  59,  70,  78;  Minn. 
12,  15,  22,  23,  33,  24,  25,  36,  64,  73,  76,  77;  Mi.ss.,  27,  35,  27,  49,  53,  54,  56,  61,  63 
Mo.,  9,  11,  16,  17,  18,  21,  22,  28,  49,  57;  Mont.,  21,  22,  27,  28,  31,  40,  41,  54,  56 
N.  H.,  16,  17  20;  N.  Y.,  23,  33,  34,  35,  51,  57,  63,  65;  N.  C,  26,  28,  29,  33,  37,  47, 
52,  55,  60,  65;  N.  U.,  4,  14,  26,  32,  .?5,  47,  50,  51,  52,  53,  55,  62,  66,  74,  19,  82,  90 
Ohio,  16,  21,  23,  26,  29,  33,  40,  45,  49,  50,  51;  Okla.,  15,  16,  18,  23,  24,  26,  30 
Ore.,  9,  17,  21;  Pa.,  5,  10,  11;  R.  1.,  11,  28;  S.  C,  1,  5,  29,  44,  45,  48,  49,  50,  51 
52,  59,  70,  74;  S.  D.,  5,  7,  8,  10,  12,  13,  52,  53,  .55,  57,  59,  73,  74,  76,  82,  97,  98,  99 
Tenn.,  6,  18,  37,  44,  46,  48,  49,  62;  Tex.,  9,  10,  11,  12,  13,  15,  16,  19,  20,  24,  25 
55,  64,  93,  94,  95;  Vt.,  15,  16,  18,  25,  37,  38;  Va.,  13,  17,  19;  Wis.,  17,  19,  25 
27,  29,  31,  37,  38,  40,  50,  53,  54,  55,  59,  65,  83,  91,  92. 

(a)      The  Commission  may  at  any  time,  upon  notice  to  Commission 
the   railroad  and  after  oppoviunity  to  be  hoard  as  pro-  seind,  alter 

•  1    J    •  •  f     ^  '•  or  amend 

vided  in  section  6  of  the  act    creating  the  Railroad  Com-  «">'  order, 
mission,  rescind,  alter  or    amend    any    order    fixing    any 
rate  or  rates,  fares,     charges  or  classifiications,  or  any 
other  order  made  by  the  Commission  ;  and  certified  copies 
—2 


18  RAILROAD   LAWS   OF   WASHINGTON 

of  the  same    shall  be  served  and  take  effect  as  in  said  act 
provided  for  original  orders. 

Ala.,  77;  Ohio,  .'9;  Ore.,  26;  Wis.,  51,  58. 

In  case  no  n^\      j^   case   any   order   of   the   Commission   made   as 

appeal  is  ^     '  -^ 

taken  from     Jiei-^in   provided  shall  not  be  appealed  from   or   reviewed 

order.  ^  ^^ 

within  the  time  herein    provided,  any    railroad    of    other 

person  or  corporation  affected  or  aggrieved  by  any  order 

of  the  Commission,  and  being  dissatisfied  with  any  order 

Railroads       Qf  ^}^g  Commission   fixing;  any   rate    or    rates,     ioint    or 

may  after  tr<  j  ^     o 

SIX  months     otherwise,  or  fixing  a  division  of  any  ioint  rate,  o.^"  bcina; 

trial  of  or-  '  fc>  .'J  '  a 

der  petition    dissatisfied  with  any  fares,  charges,  classification,  or  any 

for  rehear-  .'  '  &      '  •>  j 

^"^-  order  fixing  any  regulation,  practice  or  service,  may,  after 

the  expiration  of  six  months  after  the  taking  effect  of 
such  order,  petition  the  Commission  for  a  rehearing  upon 
the  matters  involved  in  such  order  setting  forth  in  such 
petition  the  grounds  and  reasons  for  such  rehearing,  which 
rehearin"^*"^  grounds  and  reasons  may  comprise  and  consist  of  changed 
conditions  since  the  promulgation  of  such  order,  or  by 
showing  a  result  from  the  effect  of  such  order  injuriously 
affecting  the  petitioner  which  was  not  considered  or  antici- 
pated at  the  time  of  the  former  hearing,  or  for  any  good 
and  sufficient  cause  which  for  any  reason  was  not  consid- 
ered and  determined  in  such  former  hearing. 

Upon  the  filing  of  such  petition   proceedings  shall  be 

had  thereon  as  are  provided  in  this  act  for  other  hearings, 

and  appeals  may  be  prosecuted  the  same  as  provided  for 

other  orders  nf  the  Commission  :    Provided,  however.  That 

No  injunc-    ^o  injunction  or  restraining  order  shall  issue  staying  any 

issue  ac-       order  of  the  Commission  based  on  or  by  reason  of  such 

count  re-  ■' 

hearing.  petition  for  rehearing,  and  no  order  of  the  Commission 
made  on  such  rehearing  shall  affect  any  right  of  action 
or  penalty  accruing  under  such  original  order,  unless  so 
ordered  hy  the  Commission.     (Ch.  226,  Laws  1907.) 

Colo.,   35,  42;   Ind.,  35;   Mich.,   5S;   N.    Y.,   ?A.   32. 

Joint  rate.  4.      (4.)    That  when  the  rate,  fare  or  charge  substituted 

or  established  by  the  Commission,  as  hereinbefore  provided, 
shall  be  a  joint  rate,  and  the  railroad  or  express  companies 


AMENDED   COMMISSION   LAW  19 

parties  thereto,  fail  to  agree  upon  the  apportionment  or 
division  thereof  among  tlicmselves  within   10  days   after 
notice  of  such  order,  tlie  Commission  may  issue  a  supple- 
mental order,  declaring  the  portion  of  such  joint  rate  to  S^vfsion^of 
be  received  by  each  railroad  or  express  company  party  ^^t^^^- 
thereto,  which  shall  take  effect  of  its  own  force  as  part 
of  tlie  original  order,  and  such  supplemental  orders  shall 
be  subject  to  review  by  the  said  superior  court  within  the  ^®^j!^®^  ^^^' 
time  and  in  the  manner  hereinbefore  provided  for  the  re- 
view of  original  orders  of  the  Commission.    (Ch.  226,  Laws 
1907.) 

Ala.,  50,  122;   Ark.,  SO;   Ind.,   14;  la..  3(1;   Miss.,   38;   Ore.,   12;   S.   D.,  8; 
Tex.,  14;  Wis.,  52. 

5.  (5)    That  if  any  railroad  or  express  company,  or  ^/^||gp|^°J 
officer,  or  ag-ent  thereof,  bound  thereby,  shall   refuse  or  of  agents— 

'a  ^  •'  '  penalty. 

neglect  to  obey  or  perform  any  order  of  the  Commission 
mentioned  in  this  act,  the  Commission  may  apply  by  peti- 
tion to  the  superior  court  of  this  state,  in  any  county  in 
this  state,  in  or  through  which  the  said  railroad  or  express 
company  is  doing  business,  to  enforce  obedience  to  its 
order  by  writ  of  injunction  or  other  appropriate  process, 
and  in  addition  thereto,  the  offending  party  shall,  for  each 
day  of  the  continuance  of  said  refusal  or  neglect,  be  sub- 
ject to  a  penalty  of  two  hundred  and  fifty  dollars,  which  Penalties  "^ 
together  with  the  cost  of  suit,  shall  be  recoverable  by  the 
Commission  in  an  action  instituted  by  it,  on  the  relation 
of  the  State  of  Washington,  in  the  su])erior  court  of  the 
State  of  Washington,  in  any  county  in  this  state,  in  or 
through  which  said  railroad  or  express  company  runs  or 
does  business.     (Laws  1905.) 

Cal.,  12;  Colo.,  3fi;  Ga..  39;  la.,  37,  48,  52;  Kan.,  46,  47;  Mich.,  4fi;  Minn., 
2S;  N.  Y.,   75;  Ohio,  77;  Ore.,   41;  Tex.,   53. 

6.  (6)    When  complaint  is  made  to  the  Commission   in  Corni)iaints 
.   .  .  .  ,  as  to 

writing  by  any  person,  firm,  corporation,  chamber  of  com-  char^e-s  or 

merce,  board  of  trade,  or  any  comuiercial,  mercantile, 
agricultural,  or  manufacturing  society,  or  any  bodv  po- 
litic or  nnmicipal  corporation  in  this  state  that  any  freight 


20  RAILROAD   LAWS    OF   WASHINGTON 

or  passeii<)'er  tariff'  rate  or  charge,  or  absence  of  tariff  rate 

or  charge,  joint  or  otherwise,  for  the  transportation  of 

passengers  or  loaded  or  empty  cars,  whether  the  same  be 

over  the  line  of  one  railroad  company  or  over  the  lines 

As  to  con-      q£  ^^^.jj  ^Jy.  jj^ore  railroad  companies,  or  trackage,  railroad 

sidings,  connections,  siding;,    or    char2:e  for  the  storing  and  liandl- 

storage.  'to'  to  to 

ing  of  freight,  rates  of  charge  for  all  kinds  or  classes  of 
property,  money,  packages,  papers,  or  other  things  to  be 
charged  for  and  received  by  each  railroad  and  express 
company,  which  by  the  contract  of  carriage  are  to  be 
transported  by  said  railroad  or  express  company  between 
points  within  this  state,  is  unreasonable  or  unjustly  dis- 
insufficient     criminatorv,    or   that     any     train     service     of     railroads, 

waiting  •'  •' 

rooms,  train  yvhetlier  freight  or  passenger,  or  the  amount  of  trackage, 
service,  to  x-  to      '  to   ' 

^^^^-  or  waiting  rooms  for  passengers,  or  rooms  for  freight  or 

baggage  at  any  station,  or  that  cars  of  same  are  insuffici- 
ent or  improper,  the  Conmiission  shall  thereupon  give  to 

noticTof^^^    ^^^^  railroad  or  express  company  to  be  affected  thereby, 

hearing.  thirty  days'  written  notice  of  the  time  and  place  when  and 

where  such  complaint  will  be  heard,  and  said  railroad  or 
express  company  shall  be  entitled  to  be  heard  at  such  time 
and  place,  to  the  end  that  justice  may  be  done,  and  the 
Commission  shall  issue  process  to  enforce  the  attendance 

how'^se^rved  ^^  ^^^  necessary  witnesses.  All  process  herein  provided 
for  shall  be  served  as  in  civil  cases ;  issue  shall  be  made 
up  without  delay  as  nearly  as  practicable  as  in  civil  cases ; 
sucli  complaint  shall  be  instituted  in  the  name  of  the  Com- 

Compiaint      mission,  and  all  railroads,  express  companies,  and  carriers 

in  name  of  '        r-  r-  :> 

Commission  interested,  shall  be  made  parties  to  the  hearing,  and  on 
such  hearing  all  complaints  made  concerning  any  rates,  or 
absence  of  rates,  joint  or  otherwise,  charges,  tolls,  suffic- 
ciency  of  train  service,  trackage,  railway  connections,  sid- 
ings, equipment,  or  facilities,  rules  and  regulations,  or 
other  matters  upon  which  complaints  may  be  founded,  may 
be  joined  in  one  hearing,  and  no  motion  shall  be  enter- 
tained against  such    complaint    for    mis-joinder    of  com- 


AMENDED  COMMISSION   LAW  21 

plaints  or  oricvances,  or  mis-joinder  of  parties,  it  being 
the  intention  of  this  act  to  authorize  said  Commission  to  tms^ct! 
inquire  into  all  grievences  whereof  complaint  may  have 
been  made,  or  by  inquiry  upon  its  own  motion  at  one  hear- 
ing, and  by  one  order  and  judgment,  decide  and  adjust 
the  same,  and  in  any  review  in  the  courts  of  the  orders  of 
the  Commission,  the  same  rule  shall  apply  and  pertain  with 
regard  to  the  joinder  of  complaints,  and  parties,  as  herein 
provided :      Provided,   All   grievences  to  be  inquired  into 

whether  bv  complaint  made  to  the  Commission  or  by  in-  Complaint 
'  "^  must  be 

quiry  upon  its  own  motion,  shall  be  set  out  in  the     com-  served. 
plaint,  which  shall  be  served  upon  the  railroad,  or  express 
company,  together  with  notice  of  the  time  and  place  of 
hearing. 

Ala.,  34,  36,  37,  38,  39,  40,  52;  Ark..  44,  45,  60;  Cal.,  S,  9,  36;  Colo.,  27, 
28,  32;  Fla.,  12,  17,  25,  28,  47;  Ga.,  49,  50;  Ind.,  17,  27,  33,  34,  43;  la.,  3,  7,  8, 
10,  15,  17,  44,  71;  Kan.,  12,  25,  29,  49,  51,  67,  69;  Ky.,  17,  18;  La.,  7;  Me.,  17, 
29;  Mass.,  15;  Mich.,  47,  48,  57;  Minn.,  16,  17,  18,  21,  104;  Miss.,  46;  Mo., 
'19,  20,  50;  N.  H.,  23;  N.  Y.,  64;  N.  D.,  34,  56,  76,  78;  Ohio,  32;  Ore.,  20, 
22;  Pa.,  13;  S.  C,  31;  S.  D.,  71,  72,  79;  Tex.,  28;  Vt.,  33,  35;  Va.,  21;  Wis., 
36,  39. 

(a)      The  Commission  is  hereby  authorized  and  empow-  Authorized 

to  issue 
ered  to  adopt,  promulgate,  and  issue  rules  and  regulations  rules. 

governing  the  l)ulletiniiig  of  all  trains,  showing  the  time  Bulletining 
,  '  o  of  trains. 

of  arrival   and  departure  of  all  trains  and  the  probable 

time  of  arrival  of  delayed  trains :  the  conditions  and  limi-  Contracts, 

•^  _  conditions 

tations  to  be  contained  in  and  become  a  part  of  contracts  ^"^  limita- 

"^  tion  of 

for  transportation  of  freight  and  passengers  and  express  freight, 

■^  "  ^  passenger, 

packages;    tiic    hours    which    station    and    waiting    rooms  express. 

shall  be  kept  open,  rules  governing  demurrage  and  rrcipro-  Hours  wait- 

,  J  ing  rooms 

cai  demurrage  charges,  and  generally  such  rules  as  pertain  shall  be 
•        1  n  1  open. 

to  the  comfort  and  convenience  of  the  public.     Such  rules 

and   regulations   shall   be  })romulgated  and  issued  by  the  Demurrage 

^,  .      .  .  .  and  recipro- 

Lommission  on  its  own  motion,  and  shall  be  served  on  the  cai  demur- 
railroad  companies  affected  thereby  as  other  orders  of  the  charges. 


Commission   are  served.      Any   railroad  company  affected  Rules  how 

.11  I     ]  •  11  1  ,      .  '.  issued  and 

tnereOy  and  deeming  sucJi  rules  and  regulations  improper,  served. 

unjust,  or  contrary  to  law,  may  within  twenty  days  from 

the  date  of  such  service  of  such  order  upon   it  file  objec- 


22 


RAILROAD    LAWS   OF   WASHINGTON 


Twenty- 
days  In 
which  to 
ask  for 
change  or 
modifica- 
tion. 


Powers  of 
Commis- 
sion. 


Hearings 
public. 


Powers  to 
administer 
oatlis. 


Witnesses. 


Produce 
boolis,  etc. 


Com'n.  to 
report  to 
Superior 
Court. 


Compel  at- 
tendance of 
witnesses. 


tions  thereto  with  the  Commi.s.sion,  specifying'  the  par- 
ticular grounds  of  such  objection.  The  Commission  shall, 
upon  receipt  of  .such  objections,  fix  a  time  and  place  for 
hearing  the  same,  and  after  a  full  hearing  may  make  such 
changes  or  modifications  thereto  as  the  evidence  may  justi- 
fy. The  Commission  shall  have  power  to  adopt  rules  to 
govern  its  proceedings,  and  to  regulate  the  mode  and  man- 
ner of  all  investigations  and  hearings :  Provided,  No  per- 
son desiring  to  be  present  at  any  such  hearing  shall  be  de- 
nied admission. 

Cal.,  33;  Conn..  12,  40,  41;  Ga.,  35;  Ind.,  28,  29;  la.,  6;  Kan.,  9,  10.  72; 
Ky.,  6,  14,  15;  La.,  20,  21;  Mass..  25;  Mich.,  53;  Minn.,  20;  Miss.,  22,  28, 
29;  Mo.,  5,  6,  7;  Mont.,  17,  18,  37;  N.  H.,  27,  28;  N.  Y.,  27;  N.  D.,  77;  Ohio, 
35,  55;  R.  I.,  7;  S.  C,  £8,  29;  S.  D.,  69,  70;  Tenn.,  12,  13;  Tex.,  21,  22,  43,  45; 
Vt.,  36;  Wis.,  43,  44. 

(b)  The  Chairman,  and  each  of  the  Commissioners,  for 
the  purposes  mentioned  in  this  act,  shall  have  power  to  ad- 
minister oaths,  certify  to  all  official  acts,  and  to  issue  sub- 
poena for  the  attendance  of  witnesses,  and  the  production 
of  papers,  way  bills,  books,  accounts,  documents  and  tes- 
timony. The  superior  court  of  the  county  in  which  any 
proceeding  under  this  act  may  be  instituted,  shall  have 
power  to  compel  tlic  attendance  of  Avitnesses,  and  the  pro- 
duction of  papers,  way  bills,  books,  accounts,  documents 
and  testimony  as  required  by  said  subpoena.  The  said 
Commission  before  which  the  testimony  is  to  be  given  or 
produced,  in  case  of  the  refusal  of  any  witness  to  attend, 
or  testify,  or  produce  any  papers  required  by  the  sub- 
poena, shall  report  to  the  superior  court  in  and  for  the 
county  in  which  the  proceeding  is  pending  by  petition, 
that  due  notice  has  been  given  of  the  time  and  place  of 
attendance  of  said  witnesses,  or  the  production  of  said  pa- 
pers, and  that  the  witness  has  been  smnmoned  in  tlie  man- 
ner provided  in  this  act,  and  that  the  fees  and  milage  of 
the  witness  has  been  paid  or  tendered  to  the  witness  for  iiis 
attendance  and  testimony,  and  that  tlic  witness  has  failed 
or  refused  to  attend  or  produce  the  papers  required  by 
the  subpoena,  before  said  Commission,  in  the  cause  or  pro- 


AMENDED   COMMISSION   LAW  23 

ceeding-  named  in  the  notice  and  subpoena,  and  ask  an  or- 
der of  said  court,  compellino-  the  witness  to  attend  and 
testify  before  the  said  Commission.  The  court  upon  tlie 
petition  of  the  Commission  shall  enter  an  order  directing' 
the  witness  to  appear  before  the  said  court  at  a  time  and 
place  to  be  fixed  by  the  court  in  such  order,  and  tlien  and 
there  show  cause  why  he  has  not  responded  to  said  sub- 
poena. A  copy  of  said  order  shall  be  served  upon  said  ^"^"^^  ^  ^^' 
witness.  If  it  shall  appear  to  the  court  that  said  sub- 
poena was  regularly  issued  by  said  Commission,  the  court 
shall  thereupon  enter  an  order  that  said  witness  appear 
before  said  Commission  at  said  time  and  place  as  fixed  in 
said  order,  and  testify  or  produce  the  required  papers, 
and  upon  failure  to  ol)ey  said  order,  said  witness  shall  be  Contempt. 
dealth  with  as  for  contempt  of  court.  In  all  proceedings 
before  the  Commission  the  Commissioners  shall  have  the 
rie-ht  in  their  discretion,  to  limit  the  number  of  witnesses , May  limit 

»  number  of 

testifying  upon  any  subject  or  proceeding  to  be  inquired  witnesses. 
of  before  the  Commission. 

Ala.,  41;  Ark.,  68,  76;  Colo.,  25;  Conn.,  16;  Fla.,  43,  44,  46;  Ga.,  35;  Ind., 
28,  29;  la.,  6;  Kan.,  9,  10,  72;  Ky.,  6,  14,  15;  La.,  20,  21;  Mass.,  25;  Mich., 
53;  Minn.,  20;  Miss.,  22,  28,  29;  Mo.,  5,  6,  7;  Mont.,  17,  18,  37;  N.  H..  27, 
28;  N.  Y.,  27;  N.  D.,  77;  Ohio,  35,  5.t;  R.  I.,  7;  S.  C,  .38,  39;  S.  D.,  69,  70; 
Tenn.,  12,  13;  Tex.,  21,  22,  43,  45;  Vt..  36;   Wis.,  43,  44. 

(c)      In   case  the  decision   or  order  of  the  Commission  Appeal  of 
^    ^  dissatisfied 

conceiMiIng  any  freight  or  passenger  tariff,  rate  or  charge  party. 

for  the  transportation  of  loaded  or  empty  cars,  whether 
the  same  be  over  the  line  of  one  r;ulroad  company  or  over 
the  lines  of  two  or  more  railroad  companies,  or  for  demur- 
rage or  reciprocal  demurrage  or  charge  for  tjie  storing  or 
handling  of  freight,  rates  of  charge  for  any  kind  or  class 
of  property,  money,  packages,  papei's  or  otiier  things  to 
be  ciiarged  for  oi'  received  by  nny  railroad  or  express  com- 
pany in(]uirc(l  into  by  the  Coiniiiission  on  the  wi'ilten  com- 
plaint of  any  jxTson  or  iiumlicr  of  prrsons  sli.-dl  l)e  uiisjitis- 
factory  to  any  of  the  [)ers()ns  so  making  written  complaint, 
upon  any  matter  em})racc(l  in  such  written  c()mf)laint,  such 
dissatisfied  party  shall  have  the  ri;^ht  to  appeal   from   tlu- 


24 


RAILROAD   LAWS   OF   WASHINGTON 


Form  of  ap- 
peal. 


Notice  to 
interested 
parties. 


Be  tried  on 
evidence  in- 
troduced 
before  Com- 
mission. 


Rates  con- 
clusive in 
actions. 


order  of  the  Connnissiou  to  the  superior  court  of  the  State 
of  Washington  in  the  county  in  which  the  hearing  before 
the  Commissioners  had  been  held.  Said  appeal  shall  be 
taken  by  serving  on  the  Commission  or  filing  with  it  a  no- 
tice of  appeal  specifying  the  order  or  portion  of  the  order 
appealed  from  within  twenty  days  from  the  rendition  of 
such  decision  and  the  execution  and  filing  within  said  time 
of  a  bond  in  the  sum  of  one  hundred  dollars  conditioned  to 
pay  the  costs  of  such  appeal,  which  bond  shall  go  to  the 
State  of  Washington.  Upon  receipt  of  such  notice  and 
bond  the  Commission  shall  notify  all  persons  interested  in 
the  subject  matter  of  said  appeal  being  taken.  On  said 
appeal  the  order  or  portion  of  order  appealed  from  shall 
be  tried  by  the  superior  court  without  the  intervention  of 
the  jury  and  shall  be  heard  and  determined  upon  the  evi- 
dence and  exhibits  introduced  before  the  Commission  and 
certified  to  by  it,  and  the  said  court  shall  render  such  de- 
cision concerning  the  matter  complained  of  as  the  justice 
of  the  case  may  require.     (Ch.  226,  Laws  1907.) 

Kan.,  53;  La.,  S;  Mich.,  62;  Minn.,  24;  Mont.,  57;  N.  C,  30,  34;  Okla., 
25. 

7.  (7)  In  all  actions  between  private  parties  and  rail- 
road or  express  companies  brought  under  this  law,  and  in 
all  actions  for  the  enforcement  of  penalties  provided  for 
in  this  act,  the  rates,  charges,  classifications  and  orders 
prescribed  by  the  Commission  as  hereinbefore  provided, 
shall  be  held  conclusive,  and  deemed  and  accepted  to  be 
fair  and  just;  but  in  every  such  action  any  judgment 
averse  to  the  railroad  or  express  companies  rendered  after 
the  Commission  has  determined  the  rate,  charge,  classifica- 
tion or  order,  and  while  same  is  pending  on  writ  or  review 
or  appeal,  and  prior  to  the  final  determination  of  such  ac- 
tion under  section  three  of  this  act,  determining;  the  rea- 
sonableness of  such  rate,  chara'c,  classification  or  order, 
shall  be  provisional  only,  and  enforcement  thereof  and 
process  thereunder,  shall  be  stayed  pending  the  final  de- 
termination of  such  writ  of  review  or  appeal.     Upon  final 


AMENDED   COMMISSION   LAW  25 

determination  of  such  writ  of  review  or  appeal,  if  the  ^^'J^,fj.' ^{^g|; 
judgment  therein  he  in  favor  of  the  rate,  charge,  chissifi- 
cation  or  order  prescrihed  by  the  Commission,  the  judg- 
ment theretofore  provisional,  shall  thereupon  become  ab- 
solute, but  if  the  determination  l)e  against  the  rate,  charge, 
classification  or  order,  prescribed  by  the  Commission,  in 
such  event  the  judgment  theretofore  provisional,  shall  be 
set  aside  or  modified  by  the  court  to  meet  the  final  deter- 
mination thereof.     (Laws  1905.) 

Ala.,  65;  69;   La.,  11;  Mich.,  63,  66,  69;  Minn.,  25,   43;   N.   Y..  62;   X.   C, 
31;  Ohio,  42. 

8.  (8)    That  whenever  tlie  Commission,  under  section  Burden  of 
'^     ''  '  proof. 

3  of  this  act,  has  determined  any  rate,  regulation,  order, 
classification  or  charge,  in  any  appeal  or  writ  of  review 
brought  by  a  railroad  or  express  compan^^  to  determine 
the  reasonableness  of  such  rate,  regulation,  order,  classifi- 
cation or  charge,  the  burden  of  proof  shall  be  upon  said 
railroad  or  express  company  to  establish  that  such  rate, 
regulation,  order,  classification  or  charge,  established  by 
the  Commission  is  unreasonablcor  unjustly  discriminatory 
or  insufficient.     (Laws  1905.) 

Ala.,  65,  69;  Ind.,  32;   la.,  16;   Mic-h..  67;   Mont.,  ,^3;   Ohio,   46;   Ore.,   24; 
Tex.,  26;  Wis.,  60. 

9.  (9)    The  superior  court   of  tlie  State  of  Washing- Juri-sJiction 

of  court. 
ton,  in  any  county  in  or  through  which  the  said  railroad 

or  express  companies  is  doing  business,  shall  Jiave  juris- 
diction to  enforce  by  proper  decree,  in i unction  or  ortlcrs, 
the  rates,  classifications,   rulings,  orders   and  regulations 

made  or  established  by   tlie  Commission.      The  nroct'ediny:  Actions  in 

"    name  of 

therefor  shall  be  by  equitable  action   in   the  naint'  of  the  state. 

State  and  shall  be    instituted    by    the    Attorney    Creneral 

whenever  advised  bv  the  Commission  that  any  railroad  or  ^tty.  Gen'i. 

to  institute 

express  company  or  j)ersoii   operatino-  ;i  liiu-  of  railways  P'^c-eedings. 
or  express  companv  in  this  state  is  violating  or  refusing  to 
comply  with  any  ride,  order,  rate,  classification  or  ivgida- 
tion  made  by  the  Connnission  and  ap})licable  to  such  rail- 
way or  express  company.      It  shall  be  the  duty  of  the  su- 


26 


RAILROAD   LAWS   OF    WASHINGTON 


Duty  of  su- 
perior 
court. 


Mandatory 
injunction. 


Violation  of 
decree— pen- 
alty. 


May  ask  for 
modification 
of  decree. 


Appeal  to 

Supreme 

Court. 


perior  court  in  which  such  action  is  pondino;  to  rc(iuirc  the 
issues  tlierein  to  he  pi-()ni{)tly  made  up,  and  to  give  the 
same  precedence  over  all  other  civil  business  of  a  different 
nature.  If  in  such  action  the  court  finds  that  the  said 
defendant  has  failed,  without  sufficient  cause,  to  comply 
with  the  rule,  regulation,  order,  rate  or  classification  so 
made  and  established,  the  court  shall  decree  a  mandatory 
injunction  compelling  obedience  to  and  compliance  with 
the  rule,  rate,  order,  regulation  or  classificjation  by  the  de- 
fendant and  its  officers,  agents,  servants  and  employes, 
and  may  grant  such  other  relief  as  may  be  deemed  just  and 
proper.  Any  violation  of  such  decree  .shall  render  the  de- 
fendant and  every  officer,  agent,  servant  and  employe  of 
the  defendant  who  is  in  any  manner  instrumental  in  such 
violation,  guilty  of  contempt,  and  upon  conviction  there- 
of shall  be  fined  in  a  sum  not  exceeding  one  thousand 
($1,000)  dollars  for  each  offense,  or  may  imprison  the 
person  guilty  of  contempt  until  he  shall  sufficiently  purge 
himself  therefrom,  and  such  decree  shall  continue  and  re- 
main in  effect  and  be  in  force  until  the  rule,  order,  regu- 
lation, rate  or  classification  shall  be  modified  or  vacated 
by  the  Commission,  but  the  defendant  railroad  or  express 
company  may  thereafter  petition  the  Commission  for  and 
obtain  a  modification  of  the  decree  by  reason  of  any 
change  of  circumstances  occurring, after  the  decree  such 
as  to  render  the  rule,  order,  regulation,  rate  or  classifi- 
cation involved  unreasonable  or  unjust.  An  appeal  within 
the  same  time  as  other  actions,  shall  be  allowed  to  the  Su- 
preme Court  from  the  decree  in  such  actions,  and  the  cause 
shall  have  precedence  over  all  other  civil  actions  of  a  dif- 
ferent nature  pending  in  the  Supreme  Court.  (Laws 
1905.) 

Ala.,  57,  67,  68;  Ark..  59;  Colo..  41,  50,  52;  Fla.,  54;  Ga.,  38;  la.,  47, 
50,  82,  S3;  Kan.,  13,  52;  Ky.,  19;  Mich..  60;  Minn.,  30;  Miss.,  31;  Mo.,  51, 
52,  53;  Mont.,  42,  44,  45,  46,  47,  51,  52;  N.  Y.,  30,  78;  N.  C,  27,  32;  N.  D., 
67,  68,  69,  73;  Ohio,  41,  47;  S.  C,  30,  62;  S.  D..  75;  Tenn.,  41,  53,  56,  61;  Wis., 
56,  57,  61. 

10.  (10)  Each  railroad  and  express  company  shall 
within  thirty  days  after  this  act  shall  take  effect,  furnish 


AMENDED  COMMISSION   LAW  27 

to  the  Coniinission  a  complete  schedule  of  all  rates,  rules,  rat^^s*^ti^be' 
orders,  classifications  or  regulations  then  in  force  by  it  be-  on^f,\e  at~ 
tween  all  points  in  this  state,  and  shall  keep  at  each  sta-  ^ 
tion,  depot  or  office  a  copy  thereof  for  inspection  by  all 
interested  persons,  during  business  hours,  and  thereafter 
shall  note  tiiereon  any  changes  that  may  be  made  therein  5e^n"ofed.*° 
within  ten  days  after  such  change  shall  be  made.      (Laws 
1905.) 

Ala.,  Ill,  114;  Ark.,  20,  2G,  30;  Cal.,  11;  Colo.,  7.  9;  Fla.,  26;  Ind.,  42; 
la.,  14,  61,  64,  81;  Kan.,  26,  66;  Mich.,  29;  Minn.,  69,  71,  101;  Miss.,  34,  42, 
43;  Mo.,  47,  48,  58;  Mont.,  25;  N.  Y.,  37;  N.  D.,  45,  48;  Ohio,  17;  Ore.,  10; 
S.  C,  53;  S.  D.,  63,  64,  77;  Tenn..  43,  47. 

11.      (11)    The   Commissioners,   or   either   of   them,   or  ^•^^P^ectimi^ 
such  person  as  they  may  employ  therefor,  shall  have  the  b3s^"^  ^ 
right,  at  such  times  as  they  may  deem  necessary,  to  in- 
spect the  books  and  papers  of  any  railroad  or  express  corn- 
pan}',  and  to  examine  under  oath  any  officer,  agent  or  em- 
ploj^e  of  such  railroad  or  express  company  in  relation  to 
the  business  and  affairs  of  the  same.     If  any  railroad  or 
express  company  shall  refuse  to  permit  the  Commissioners,  P'^^'^^'^^to"'^ 
or  either  of  them,  or  any  person  authorized  by  them,  to  p^°^^^^® 
examine  its  books  and  papers,  such   railroad  or   express 
company  shall,  for  each  offense,  pay  to  the  State  of  Wash- 
ington not  less  than  one  hundred  twenty-five  dollars  nor 
more  than  five  hundred  dollars  for  each  day  It  shall  so  fail 
or  refuse:  Provided,  That  any  person  other  than  one  of  ^l^^^^J^^^.^ 
said  Commissioners  who  shall  make  any  such  demands  shall 
produce  his  authority,  from  the  Commission,  to  maki'  such 
inspection. 

Ark.,  47,  62,  63;  Cal.,  7,  13;  Colo.,  48;  Conn.,  10;  Fla.,  27;  111.,  41;  Ind.. 
45;  la.,  42;  Kan.,  S,  54;  Ky.,  13;  Mass.,  18.  21,  23;  Mich.,  72;  Mont.,  33; 
N.  H..  24,  25;  N.  Y.,  58,  70;  N.  C.  20;  N.  D.,  86;  Ohio,  54;  Okla.,  32;  Pa., 
6;  R.  I.,  5;  S.  C,  33,  41,  43;  S.  D.,  56;  Tenn.,  11;  Tex.,  31,  63,  66,  71,  72; 
Vt.,  20;  Wis.,  68,  69. 

(a)      Anj^  officer,  agent  or  emplovr  of  any   railroad  <>r  T-^^^jiJ^jr^  to 
express  company  who  shall,  upon   pi-opcr  demand,  fail  or  ''"oks. 
refuse  to  exhibit  to  the  Commissioners,  or  either  or  any  of 
them,  or  to  any  person  authorized  to  investigate  the  .sjime, 
any  book  or  paper  of  such  railroad  or  express  company 


28 


RAILROAD   LAWS  OF    WASHINGTON 


Penalty. 


Commission 
shall  ascer- 
tain— cost  of 
construc- 
tion, equip- 
ment. 


— value  of 
stocks  and 
bonds. 


— relative 
value,   state 
and  inter- 
state. 


—market 
value  of 
road. 


— time  when 
dividends 
first  re- 
ceived. 


— probable 
earning  ca- 
pacity and 
operating 
expenses. 


which  is  in  the  possession  of,  or  under  the  control  of  such 
officer,  agent  or  employe,  shall  be  deemed  sjuilty  of  a  mis- 
demeanor, and  upon  conviction  in  any  court  having  juris- 
diction thereof,  shall  be  fined  for  each  offense  a  sum  not 
less  than  one  hundred  twenty-five  dollars  and  not  to  ex- 
ceed five  hundred  dollars,  or  shall  be  imprisoned  in  the 
county  jail  not  to  exceed  six  months,  or  both  such  fine  and 
imprisonment.     (Laws  1905.) 

Ark.,  64;  Colo.,  49;  Ga.,  24;  la.,  43;  Ky.,  16;  Mass.,  24;  Tex.,  32;  Vt.,  22. 

12.  (12)  The  Commission  shall  ascertain  as  early  as 
practicable  the  original  cost  of  construction  and  equip- 
ment, the  amount  expended  in  permanent  improvements 
and  the  proportionate  amount  of  such  permanent  im- 
provements charged  to  construction,  and  to  operating  ex- 
penses respectively,  the  present  as  compared  with  the  orig- 
inal cost  of  construction,  and  the  cost  of  reproducing  in 
its  present  condition  each  mile  of  railway  in  this  State. 

It  shall  also  ascertain  the  amount  and  present  market 
value  of  the  capital  stock  and  funded  indebtedness  of 
every  railroad  line  operating  in  this  State. 

It  shall  also  ascertain  the  relative  value  of  the  use  to 
which  each  railroad  operating  in  this  State  is  actually  put 
in  the  carrying  of  intrastate  and  interstate  business  re- 
spectively. 

It  shall  also  ascertain  the  total  market  value  of  the  line, 
equipment  and  property  of  each  railroad  operating  in  this 
State  used  for  the  public  convenience  within  the  State. 

It  shall  also  ascertain  the  time  intervening  between  the 
expenditure  of  money  in  the  cost  of  construction  and  the 
time  when  returns  in  the  shape  of  dividends  were  first  re- 
ceived by  each  of  said  railroads. 

It  shall  also  ascertain  the  probable  earning  capacity  of 
each  railroad  upon  intrastate  business  under  the  rates  now 
charged  by  such  railroad  and  the  sum  required  to  meet 
fixed  charges  and  operating  expenses  on  intrastate  busi- 
ness on  each  of  said  railroads. 


AMENDED  COMMISSION   LAW  29 

It  shall  also  ascei-tain  the  relative  proportion  of  intra-  ^j.'oporuon 
state  and  interstate  business,  the  relative  proportion  of  fntersfate 
the  operating  expenses  connected  therewith,  and  the  rela-  Ifid^rev- 
tive  proportion   of  the   revenue  which   should  be  derived 
therefrom. 

It  shall  also  ascertain  the  density  of  intrastate  traffic  ^ate^traffic, 
and  the  conditions  which  will  tend  to  show  whether  such 
traffic  is  likely  to  continue,  increase  or  diminish. 

It  shall  also  ascertain  the  densitv  of  population  along  —density 

-^  i:^    r  o    population, 

the  line  of  each  railroad  within  the  State ; 

It  shall  also  ascertain  the  existence  of  grades,  curva-  ^^d^t/ons, 
tures  and  other  pliysical  conditions  affecting  the  movement 
of  traffic ; 

It  shall  also  ascertain  whcthei-  the  expenditures  already  ^e^^^ture^ 
made  in  the  construction  and  equipment  of  each  railroad  -""^  '  '^  ' 
were  such  as  were  justified  by  the  then  existing  conditions 
and  such  as  might  reasonably  be  expected  in  the  innncdiate 
future ; 

It  shall  also  ascertain  whether  the  money  expended  by  ^fj-esTea- 
each  railroad  is  reasonable  for  the  present  needs  of  the  p^"gg^nt  ^*^' 
company  and  for  such  as  may  reasonably  be  expected  in  "^^^^^■— 
the  ininiediate  future; 

It    is   however   provided   that    it    sliall   be  discretionary  Discretion- 

f  ^   ary  with 

with  the  Connnission  to  ascertain  tlie  whole  or  any  part  Commission 

•     ^  to  ascertain 

or  parts  of  the  matters  and  things  above  designated  in  any  or  all 

t^  ^  ^  of  above, 

this  section  at  sucli  time  or  times  and  in  sueli  order  as  to 

them  may  seem  best. 

The  Commission  is  hereby  authorized  to  cause  a  hearina;  Authorized 

•^  _  _  ''to  have 

or  hearings  to  be  held  at  such  time  or  times  and  place  or  hearing. 
places  as  the  Commission  may  designate  for  the  purpose  of 
ascertaining  the  matters  and   things   proxidi'd   for   in   this 
section. 

The  Commission  shall,  before  any  heariiip;  is  iiad  a.>  to  Thirty  days 

,  hearing. 

any  railroad,  notify  the  railroad  concerned  of  the  time  and  notice  of 
place    of    such    hearing   l)y    giving    at    least    thirty    days' 
written  notice   thereof,   specifying   that  at  the  time  and 
place  designated  a  hearing  will  be  held    for  the  purpose  of 


30  RAILROAD   LAWS   OP   WASHINGTON 

Purpose  of     asct'rtaiiiino-  the  value  of  sucli  railroad  within  this  state, 
hearing.  " 

which  sliall  be  a  sufficicrit  complaint  to  authorize  the  Com- 
mission to  inquire  into  the  matters  designated  in  this  sec- 
tion as  to  such  railroad. 
siiafi^be^re-         ^^^^  railroads  and  express  companies  concerned  shall  be 
cerUfied^'to     entitled  to  be  heard  and  introduce  evidence  at  such  hear- 
rnission*.         ^^g-      The  evidence  introduced  at   such  hearing  shall  be 
reduced  to  writing  and  certified  to  by  the  Commission  un- 
der its  seal  of  office. 

^1?"?]'^™^!°'^        The    Commission  shall  make  and  render  finding's  of  fact 

shall   make  ^ 

facT  show-^  "^  writing  covering  all  matters  in  this  section  mentioned 
ing  \aiue.  concerning  which  it  is  directed  to  inquire  into,  and  shall 
make  findings  upon  all  matters  concerning  which  evidence 
may  have  been  introduced  before  it  which  shall  tend  to 
show  the  value  of  the  property  used  by  the  railroads  or 
express  companies  for  the  public  convenience. 

siipeltor''^^  Any  railroad  or  express  company  affected  by  the  find- 

ings, or  any  of  them,  and  considering  itself  aggrieved  by 
the  findings  of  the  Commission,  or  beheving  such  findings, 
or  any  of  them,  to  be  contrary  to  the  law  or  the  evidence 
introduced,  or  that  such  findings  are  unfair,  unwarrante  1 
or  unjust,  may  institute  proceedings  in  the  superior  court 
of  the  State  of  Wnshington  in  the  county  in  which  said 
hearing  has  been  held,  or,  if  held  in  more  than  one 
county,  then  in  the  county  in  which  said  hearing  was 
commenced,  and  have  such  findings,  or  any  of  them,  re- 
viewed, and  their  correctness,  reasonableness,  and  hi\i- ful- 
ness inquired  into  and  determined.  Such  review  shall  be 
heard  by  the  court  without  the  intervention  of  a  jur}'  and 
shall  be  heard  upon  the  evidence  and  exhibits  taken  before 
the  Commission  and  certified  to  by  it:  and  the  court  befoi-o 
which  such  hearing  is  had,  in  case  it  finds  any  such  find- 
ings so  sought  to  be  reviewed  unjust,  incorrect,  unreason - 

Findings  of  able.   Unlawful   or   not    supported   by   the   evidence,    shall 

court.  "^^ 

make  new  and  correct  findings  to  take  the  ])lace  of  such 
as  may  not  be  sustained,  unless  such  findings  are  set  aside 
and  reversed  for  error  on  the  part  of  the  Commission  in 


AMENDED  COMMISSION   LAW  31 

rejecting  evidence  properly  proffered,  in  which  case  it 
shall  remand  said  hearing  to  the  Commission  with  instruc- 
tions to  receive  the  evidence  so  proffered  and  rejected  and 
make  findings  of  fact  on  the  evidence  so  proffered  and 
that  already  received. 

Said  railroad  or  express  company  or  the  ("onnnission  suure^me° 
shall  have  the  right  to  appeal  or  to  prosecute  by  other  ap-  Court, 
propriate  proceedings  from  the  superior  court  to  the  Su- 
preme Court  of  the  State  of  Washinfjton  as  in  civil  cases. 
In  case  the  Supreme  Court  finds  any  findings  so  sought  to 
be  reviewed  unjust,  incorrect,  unlawful  or  unreasonal)le, 
or  not  supported  by  the  evidence,  it  shall  either  make  and 
render  proper  findings  or  remand  the  same  to  the  superior 
court  with  instruction  to  make  proper  findin<»;s  on  the 
evidence  already  submitted,  unless  the  same  is  reversed  for 
error  in  rejecting  evidence  properly  proffered,  in  which 
case  the  hearing  shall  be  remanded  to  the  Commission  w  ith 
instructions  to  receive  the  evidence  so  proffered  and  make 
findings  on  the  evidence  so  {)r()ffrcd  and  rejected  and  that 
already  received. 

The  findings  of  the  Connnission  so  filed,  or  as  the  same  ^'"*^^"^^.°^ 
"  Commission 

may  be  corrected  by  the  courts,  when  properly  certified  f^^™'?^''^'® 

'  "^       '^        '  m  evidence. 

under  the  seal  of  the  Connnission,  shall  be  admissible  in 
evidence  in  any  proceeding  or  hearing  in  which  the  public 
and  the  railroad  or  express  company  affected  thereby  is 
interested,  and  such  findings,  when  so  introduced,  sliall  be 
conclusive  evidence  of  the  facts  stated  in  such  finding;  or  Findings  to 

"  be  conclii- 

findings  as  of  the  date  of  filing:  under  conditions  then  ox-  f""'^  ^^'': 
"  "  dence  of 

isting,  and  such  facts  can  only  be  controverted  or  contra-  ^^^^^  stated, 
dieted  by  showing  a  subsecjuent  ch.-i—      In  conditions  bear- 
ing upon  the  facts  therein  determined. 

The  Commission  shall  also  ascertain  the  amount  paid  for  Ascertain 

'^  salaries 

salaries  to  the  officers  of  the   railroad  and  express  com-  ^^"^  ^"^" 

'  Itloyes. 

pain'es,  and  the  wages  paid  employes. 

For  the  ])ur])ose  in   this  section   named    the  Connnission  |^^7is."  ^''' 
may   employ  sworn   experts  to  inspect  the  books,   papers, 
documents,  contracts,  reports  of  officers  and  aovnts,  ajid 


32 


RAILROAD   LAWS  OP   WASHINGTON 


Railroads 
shall  fur- 
nish pro- 
files. 


Itemized 
statement 
of  all  fu- 
ture con- 
struction to 
be  fur- 
nished. 


Blanks. 


Answers 
sworn    to. 


Time   for  re 

turning 

blanks. 


any  other  documents  or  copies  thereof,  in  the  possession 
of  the  railroad  or  express  companies  which  will  tend  to 
show  the  expenditure  of  moneys  in  the  cost  of  construc- 
tion and  equipment  or  the  present  value  of  such  prop- 
erty; said  information  shall  he  printed  from  time  to  time 
in  the  ainuial  reports  of  the  Commission ;  and  all  railroads 
now  or  hereafter  constructed  shall  on  demand  furnish 
the  Commission  profiles  of  its  lines  in  this  State  in  such 
form  and  according  to  such  specifications  as  the  Com- 
mission shall  direct. 

Any  railroad  hereafter  constructinir  any  line,  exten- 
sion or  siding  in  this  State  shall  file  with  the  Commission 
an  itemized  statement  showing  the  money  expended  in  such 
construction,  •ixtcnsion  or  siding  in  such  form  as  the  Com- 
mission may  prescribe.  All  railroads  doing  business  in 
this  State  shall  also  furnish  the  Commission  with  an  item- 
ized statement  in  such  form  as  the  Commission  shall  pre- 
scribe, showing  any  and  all  money  expended  by  them  in 
the  purchase  of  equipment,  and  shoAving  the  cost  of  im- 
provements and  betterments  in  this  State.  (Ch.  226,  Laws 
1907.) 

Ark.,  2.5,  65;  Me.,  5;  Okla.,  33;  Ore.,  3S;  S.  D.,  1;  Tex.,  33.  36,  78,  80; 
Wis.,  73. 

VS.  (13)  The  said  C'ommission  shall  cause  to  be  pre- 
pared suitable  blanks  with  questions  calculated  to  elicit 
all  information  concerning  railroads  and  express  com- 
panies, and  as  often  as  it  may  be  necessary  furnish  said 
blanks  to  each  railroad  and  express  company.  Any  rail- 
road or  express  company  receiving  from  the  Commission 
any  such  blanks  shall  cause  said  blanks  to  be  properly 
filled  out  so  as  to  answer  fully  and  correctly  each  question 
therein  propounded,  and  in  case  they  are  unable  to  an- 
swer any  question,  they  shall  give  a  satisfactory  reason 
for  their  failure;  and  the  said  answers,  duly  sworn  to  by 
the  proper  officers  of  said  company,  shall  be  returned  to 
said  Commission  at  its  office  within  thirty  days  from  the 
receipt  thereof.     The  Commission  may,  in  its  discretion, 


AMENDED  COMMISSION    LAW  33 

presci'ibe  the  forms  of  any  and  all  accounts,  records,  and  n°Iv^re-'^"^ 
memoranda  to  be  kept  l)y  the  carriers  subject  to  the  pro-  f^pj^g  ^f  ^^ 
visions  of  tliis  act,  whose  line  or  lines  extend  beyond  the  '''"^'''■<^3- 
limits  of  this  State  which  are  operated  partly  within  and 
partly  without  this  State  so  that  the  same  shall  show  any 
information   required  by  the  Commission  concerning  the 
movement  of  traffic,  as  well  as  the  receipts  and  expendi- 
tures appertaining  to  those  parts  of  such  line  which  are 
subject  to  the  provisions  of  this   act.      The  Commission 

shall  at  all  times  have  access  to  all  accounts,  records,  and  Shall  have 

access  to  all 

memoranda  kept  by  the  carriers  subject  to  this  act.  In  'et^ords. 
case  of  refusal  on  the  part  of  any  such  railroad  or  ex- 
press company,  receiver,  or  ti'ustee  to  keep  such  ac- 
counts, records,  and  memoranda  on  the  books  and  in  th? 
manner  prescribed  aforesaid  by  the  Conmiission,  or  to 
submit  such  accounts,  records  and  memoranda  as  arc  Penalty. 
kept  to  the  inspection  of  the  Commission  or  any  of  its 
authorized  agents  or  examiners,  such  railroad,  express 
company,  receiver  or  trustee  shall  forfeit  to  the  State 
of  Washington  the  sum  of  $500.00  for  each  such  offense 

and  for  each  and  every  day  of  the  continuance  of  such  How  recov- 

"  ,  .      ered. 

offense,  such  penalty    or   forfeiture   to   be   recoverable   in 

tlic    same    uiiiiiiici'    ;is    other    forfeitures    ])rovi(lc(l    for    in 

this  act. 

Ala.,  30,  32,  S3;  Ark.,  4S;  Colo.,  H;  Conn.,  -19;  Fla.,  29,  51;  Ga..  22; 
III..  40,  47;  Ind.,  18;  la.,  24;  Ky.,  10;  Mass.,  27,  28;  Mich.,  32,  71,  76;  Minn., 
£9;  Mont.,  62;  N.  H.,  32;  N.  Y.,  38,  60.  69;  N.  D.,  99;  Ohio,  20,  52,  58; 
Okla.,  7;  Ore.,  31,  34;  Pa.,  17.  12;  R.  I.,  9;  S.  C,  35;  S.  D.,  28,  83,  86; 
Tenn.,  9,  10,  S3,  34;  Tex.,  37,  39;  Vt.,  26,  28,  39;  Wis.,  66,  67,  70,  SO. 

(a)  If  any  officer  or  employe  of  a  raib'oad  or  express  Jfj'|'o"7  ^'^ 
company  sliall  wilfully  fail  or  refuse  to  fill  out  and  return  i^'-^"^^- 
any  blank  as  above  required,  or  wilfully  refuse  or  fail  to 
answer  any  question  therein  propounded,  or  fails  to  keep 
his  books  and  accounts  as  herein  provided  or  give  a  false 
answer  to  any  such  questions,  where  the  fact  inquired  for 
is  within  hi.s"  knowledge,  or  shall  evade  the  answer  to  any 
such  questions,  such  person  shall  be  guilty  of  a  misde- 
meanor and  shall  on  conviction  thereof  be  fined  for  each 
—3 


34 


RAILROAD   LAWS   OF   WASHINGTON 


Penalty. 


Reports  of 
Com"n.  to 
Governor. 


Reports   to 
be    pub- 
lished. 


Interstate 

freight 

rates. 


Investigation 
of. 


Notify  In- 
terstate 
Com.   Com- 
mission. 


day  he  shall  fail  to  perforin  .such  duty,  after  the  expira- 
tion of  the  lime  a  sum  not  to  exceed  five  hundred  dollars, 
and  the  Commission  shall  cause  a  prosecution  therefor  in 
the  proper  court;  and  a  penalty  of  a  like  amount  shall  be 
recovered  from  the  company  when  it  appears  that  such 
person  acted  in  obedience  to  its  directions,  permission,  or 
request  in  his  failure,  evasion  or  refusal. 

Ark.,  49;  Kan.,  ;!l;  Me.,  (J;  N.  C..  ;JS;  (.)hio,  53;  S.  C,  40;  Tenn.,  35; 
Tex.,  38;  Wis.,  79. 

(b)  The  said  Connnission  shall  make  and  sul)niit  to 
the  governor  annual  reports  containing  a  full  and  com- 
plete account  of  the  transactions  of  their  office,  together 
with  the  information  gathered  by  such  Commission  as 
herein  required,  and  such  t)thcr  facts,  suggestions,  and 
recommendations  as  may  be  by  them  deemed  necessary, 
which  report  shall  be  published  as  the  reports  of  the  heads 
of  departments. 

Ala.,  15;  Ark.,  67;  Cal.,  14;  Conn.,  17;  Fla.,  42;  Ga..  34;  111.,  4:5:  Ind.. 
46;  la.,  41;  Kan.,  £8;  Ky.,  24;  Mass.,  12;  Mich.,  !)6;  Mo.,  8;  Mont.,  63;  N. 
H.,  31;  N.  Y.,  22;  N.  C,  66;  N.  D.,  85;  Okla.,  29:  Pa.,  15;  R.  1,,  10;  s.  C, 
34;  S.   D.   49;  Tenn..  60;  Tex.,  40;  Vt.,  40. 

(c)  The  said  Commission  shall  have  power,  and  it  is 
hereby  made  its  duty,  to  investigate  all  through  freight 
rates  on  railroads  and  express  companies  in  Washingon ; 
jind  Vv  hen  the  same  are,  in  the  o})inion  of  the  Commission, 
excessive  or  levied  or  laid  in  violation  of  the  interstate 
commerce  law,  or  the  rules  and  regulations  of  the  inter- 
state commission,  the  officials  of  the  railroads  or  express 
companies  are  to  be  notified  of  the  facts,  and  requested 
to  reduce  them  or  make  the  proper  corrections  as  the 
case  may  be.  When  the  rates  are  not  changed,  or  the 
proper  corrections  are  not  made  according  to  the  request 
of  the  Commission,  the  latter  is  instructed  to  notify  the 
inter.state  commerce  connnission  and  to  apply  to  it  for  re- 
lief. 

Ala.,  76;  Fla.,  55;  Ga.,  40,  41,  42;  Ind.,  47;  Kan.,  65;  Ky.,  11;  La.,  26; 
Mo.,  3,  4;  Mont.,  23;  N.  C,  63;  Ohio,  .59,  60;  Okla.,  36;  Ore.,  30,  37,  39; 
Tenn.,  42;  Tex.,  41,  42;  Wis.,  75. 


AMENDED   COMMISSION    LAW  35 

(f)  The  Commission  may  require  from  any  ^'^il^'oad  ^^^J^g ''®^^_ 
doing  business  in  this  state  tlie  production  within  this  produced^ ^ 
St^e,  at  sueJi  time  and  })lac-e  as  it  may  designate,  any 
hooks,  papers  or  accounts  kept  by  said  railroad  in  any 
office  or  place  without  the  State  of  Washington,  or  certi- 
fied copies  in  lieu  thereof  may  be  made  by  the  Commis- 
sion, or  under  its  direction. 

Such  demand  shall  be  served  upon  the  railroad  in  the  for  records 
manner   that   orders   and   complaints   are   served   on    rail-  ed. 
roads  under  the  provisions  of  the  act  establishing  the  Rail- 
road  Commission.      Any   railroad   failing   or   refusing  to 
comply  with  any  such  order  shall,  for  each  day  it  shall 
without  good  cause  so  fail  or  refuse,  forfeit  and  pay  the 
State  of  Washington  a  sum  of  not  less  than  one  hundred  Penally 
dollars  nor  more  than  five  hundred  dollars  to  be  recovered 
as  other  penalties  are  recovered  under  said  act.      (Ch.  226, 
Laws  1907. 

Colo.,  23;   Ind.,  39;  Ore.,  32,  33,  35. 

^ 

14.      (14)    Each    witness    who    shall    appear   before   the  Witne^s- 
^       ^  '  '  fees  there- 

Commission  by  order  of  the  Commission,  shall  receive  for  "''• 

his   attendance   three   dollars   per   day   and  five   cents   per 
mile  traveled  by  the  nearest  practicable  route  in  going  and 
returning  from  the  place  of  meeting  of  said  Connnission  ;  Mileage. 
said  fees  and  mileage  shall  be  paid'as  other  accounts.  ii])()n 
the  presentation  of  proper  vouchers  sworn  to  by  such  wit- 
nesses and  approved  by  the  Chairman  of  the  Connnission : 
VroTiclcd,  That  no  witness  shall  be  entitled  to  any  fees  or  ^J^^oned 
mileage  from  the  State  of  Washington   wlicn    summoned  noVonUUed'' 
at  the  instance  of  the  railroad  or  express  companies.     The  ^°  '^^^^^ 
claim   by   any   witness   that    any   testimony   sought   to   be 
elicited  may  tend  to  criminate  the  person  giving  it,  shall 
not  excuse  said  witness  from  testifying,  but  such  evidence 
or  testimony  shall  not  be  used  against  such  person  on  the 
trial  of  any  criminal  proceeding  excepting  in  a  ])rosecu- 
tion  for  perjury:     Provided,  '^Fhe  Commission  shall  in  all 
cases  have  the  right  to  take  depositions  instead  of  com-  Depositions, 
pel  ling  attendance  of  witnesses  and  to  compel  witnesses  to 


36 


RAILROAD   LAWS   OF   WASHINGTON 


Fees  for 
serving  pa- 
pers. 


Unjust  dis- 
crimination. 


Unreason- 
able prefer- 
ence. 


Failure   to 
transport 
passengers, 
and  freight. 


attend  and  testify  as  upon  a  hearing  before  them.  The 
sheriff  or  constable  executing  any  process  issued  under 
the  provisions  of  this  act  shall  receive  such  compensation 
as  may  be  allowed  by  the  Commission,  not  to  exceed  fees 
as  now  prescribed  by  law  for  similar  services.  The  said 
Commission  shall  have  power  to  subpoena  and  compel  the 
attendance  of  witnesses  from  any  place  within  the  State 
to  attend  upon  said  Commission  at  is  meetings  at  any 
place  in  the  State.     (Laws  1905.) 

Ala.,   42,   44;   Ark.,    69,   71;    Colo.,    26;    Ga.,    ^6;    Ind.,   .50;    Kan.,    40,  73; 

Mass.,  26;   Mich.,  54,  55,   68;    Minn.,  31;   Mont,  38,  39;  N.   H.,   29;   N.  Y., 

26,  29;  N.  D  ,  72;  Ohio.  36,  37,  48;  Ore.,  28;  Tenn.,  28,  30,  31;  Tex.,  44; 
Vt.,    22;    Wis.,    45,    46,    63. 

15.  (15)  If  any  railroad  or  express  company  subject 
hereto,  directly  or  indirectly,  or  by  any  special  rate,  re- 
bate, drawback  or  other  device,  shall  charge,  demand,  col- 
lect, or  receive  from  any  person,  firm  or  corporation,  i 
greater  or  less  compensation  for  services  rendered,  or  tv> 
be  rendered  by  it,  than  it  charges,  demands,  collects  ur 
receives  from  any  other  person,  firm  or  corporation  for 
doing  a  like  and  contemporaneous  service,  such  railroad 
or  express  company  shall  be  deemed  guilty  of  unjust  dis- 
crimination, which  is  hereby  prohibited. 

Ala..  134.  l."5,  142;  Ark.,  35.  36.  37;  Cal.,  2;  Colo.,  6;  Pla.,  13;  111., 
25;  Ind.,  52;  la.,  26,  57;  Kan.,  34,  77;  La.,  10;  Me.,  35;  Mich.,  42,  43; 
Minn.,  66;  Miss.,  32;  Mo.,  42)  43;  Mont.,  48;  N.  Y.,  43,  46,  47,  50,  74; 
N.  C,  9;  N.  D.,  39,  91,  92;  Ohio,  19,  62,  65;  Ore.,  11,  16;  S.  C,  13,  46, 
55;    S.   D.,   S4,   88;    Tenn.,   36,   57;   Tex.,   47;   Wis.,   76,   78. 

(a)  It  shall  also  be  unjust  discrimination  for  any  such 
railroad  or  express  company  to  make  or  give  any  unduo 
or  unreasonable  preference  or  advantage  to  any  particu- 
lar person,  company,  firm,  corporation  or  locality,  or  to 
subject  any  particular  description  of  traffic  to  any  undue 
or  unreasonable  prejudice,  delay  or  disadvantage  in  any 
respect  whatever. 

Ala.,  119,  120;  Miss.,  44;  Mo.,  44;  N.  Y.,  44;  Ohio,  64;  S.  D.,  91; 
Tenn.,   38. 

(b)  Every  railroad  or  express  company  which  shall 
willfully  fail  or  refuse  under  such  regulations  as  may  be 


AMENDED   COMMISSION   LAW  '37 

prescribed  by  the  ConiniissiDii  to  receive  and  transport 
without  delay  or  discrimination,  the  passengers,  tonnage 
and  cars,  loaded  or  empty,  of  any  connecting  line  of  rail- 
road and  every  railroad  which  shall,  under  such  regulatiom 
as  may  be  prescribed  by  the  Commission  willfully  fail  and 
refuse  to  transport  and  deliver  without  delay  or  discrimin- 
ation any  passengers,  tonnage  or  cars,  loaded  or  empty, 
destined  to  arty  point  on  or  over  the  line  of  any  connecting  given  per- 
line  of  railroad  shall  be  deemed  guilty  of  unjust  discrimi-  freight  and 
nation :  Provided,  Perishable  freight  of  all  kinds  and 
livestock  shall  have  precedence  of  shipment. 

Ala.,  132;  Ark.,  77;  Colo.,  54;  Conn.,  37;  la.,  1,  45;  Me.,  33;  Mich., 
26;  Miss.,  33,  .41;  Mo..  38;  Mont.,  50;  N.  Y.,  55;  N.  D.,  40;  Okla.,  2; 
Ore.,  19;  R.   I..  27;  S.   C,  56,  57;  S.  D.,  60,  65;  W'is.,  34. 

(c)  It  shall  be  unjust  discrimination  for  any  railroad  3"^"^^  haul 
or  express  compan}^  subject  hereto  to  charge  or  receive*^ 

any  greater  compensation  in  the  aggregate  for  the  trans- 
portation of  like  kind  of  property  or  passengers  for  a 
shorter  than  for  a  longer  distance  over  the  same  line : 
Provided,  That  upon  application  to  the  Commission  any 
railroad  or  express  company  may  in  special  cases,  to  pre- 
vent manifest  injurv,  be  authorized  by  tlie  Commission  to  ^-aived  by 
charge  less  for  longer  tlian  for  shorter  distances  for  trans- 
porting persons  and  property,  and  the  Commission  shall 
from  time  to  time  prescribe  the  extent  to  which  such  desig- 
nated railroad  or  express  company  may  be  relieved  from 
the  operations  of  tliis  provision  :  Provided,  That  no  mani- 
fest injustice  shall  be  imposed  u})on  any  citizen  at  inter- 
mediate points. 

Ark..  41;  Conn..  42;  Fla..  50;  Ga.,  IS;  111.,  26;  Tnd.,  53;  la.,  58,  73; 
Kan..  .33,  75;  La.,  4;  Mich..  28;  Minn.,  75;  Mo.,  40;  N.  Y..  52;  N.  C. 
61;  N.  D.,  3.  41;  Okla.,  ?5;  S.  C,  14;  S.   D.,  61,  S7;  Tenn.,  .'39;  Tex.,  49,  50. 

(d)  Any   raihoad  or  express  company  violating  any  ^fj^lf^  ^°^ 
provisions  of  this  sfction  shall  be  deemed  guilty  of  unjust  ^^ilY® 
discrimination  and  shall  for  each  offense  pay  to  the  State 

of  Washington  a  penaltv  of  not  less  than  one  hundred  dol- 
lars not  more  than   two  thousand  dollars. 

TIL.  27.   I'O;    Ind.,   r)4;    la..   25,  27;   S.    D.,   92;   Tenn.,   40.   50;   Tex..   4.^. 


96843 


38*  KAILROAD   LAWS   OF    WASHINGTON 

Free  car-  (e)     Nothing  herehi  shall  prevent  the  carriage,  storage 

state  or  handling  of  freight  free  or  at  reduced  rates  for  the 

allowed. 

State,  or  for  any  city,  county  or  town  government,  or  for 

charitable  purposes,  or  to  and  from  fairs  and  expositions 
for  exhibition  thereof,  or  the  free  carriage  of  destitute 
and  indigent  persons,  or  the  issuance  of  mileage  or  ex- 
cursion passenger  tickets,  nor  to  prevent  railroads  from 
giving  free  or  reduced  transportation  to  ministers  of  re- 
ligion, or  the  inmates  of  hospitals,  eleemosynary  and  char- 
— Militia  or    itable  institutions,  State  National  Guard  or  Militia  when 

National 

Guard,  stu-  qj^  official  dutv,  and  students  ffoinii'  to  and  return  in  o-  from 
dents,  -  fr>        ^  o 

institutions  of  learning  within  the  State;  and  nothing 
herein  shall  be  construed  to  prevent  railroads  from  giving 
free  transportation  to  any  railroad  officer,  agents,  em- 
ployes, attorneys,  stockholders  or  directors,  and  to  em- 
—Empioyes  ployes'  families,  and  to  ex-employes  in  search  of  employ- 
families,  ment  and  to  injured  employes  and  their  families,  and  the 
families  of  employes  killed  in  railroad  service :  Provided, 
Such  carriage  may  extend  to  employes'  household  goods 
and  personal  effects. 

Ala.,   1C9,   148;   Ark.,  38,   40;   Ind.,   20,   55;   la.,   32;   Mich.,   19,    21;   Minn., 

67,   103;   Miss.,   40;   Mo.,  46;   Mont.,    49;    N.    Y.,    48;    N.   C,   54,   58;    N.    D., 

97;   Ohio,   24;    Okla.,   9;  Ore.,  13;   S. C,   47;    S.    D.,   37,    89,   94;   Tenn.,   51; 
Tex.,    51;   Wis.,    30. 

for^Hve-  (^)     Upon  any  shipment  of  livestock  or  other  property 

other  such    of  such  nature  as  to  require  the  care  of  an  attendant  the 
may  be  car-  railroad  company  may  furnish  to  the  shipper  or  to  some 
person  or  persons  designated  by  him  free  transportation 
for  such  attendant  or  attendants,  including  return  pas- 
sage to  the  point  at  which  the  shipment  originated:     Pro- 
Must  not      tided.    There    shall   be   no    discrimination    with    reference 
discrimi- 
nate, thereto  between  such  ship])ers,  and  the  Commission  shall 

have   power   to   prescribe   regulations   in    relation    thereto. 
(Ch.  226,  Laws  1907.) 

Minn..   S3. 

Penalty  for        Ig.      (16)    Anv  officer  or  agent  of  anv  railroad  or  ex- 
false    billing  .  . 
or  weight,      press  company  subject  to  this  act  who,  by  means  of  false 

billing,  false  classification,  false  weights  or  bv  anv  other 


AMENDED   COMMISSION   LAW  39 

device,  shall  suffer  or  permit  any  person  or  persons  to 
obtain  transportation  for  property  at  less  than  regular 
rates  then  in  force  on  such  railroad  or  express  company, 
or  who,  by  means  of  false  billing,  false  classification,  false 
tv'eighing,  or  by  any  device  whatsoever  shall  charge  any 
person,  firm  or  corporation  more  for  the  transportation 
of  property  than  the  regular  rates,  shall  be  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  fined  in  a  sum  not 
less  than  one  hundred  dollars  nor  more  than  one  thousand 
dollars.      (Laws  1905.) 

Ind.,    44;    Mich.,    41;   N.    Y.,    49;    Ore.,   40. 

IT.      (IT)    In  case  anv  railroad  or  express  company  sub-  Liability 

'  .  for  dam- 

ject  to  this  act  shall  do,  cause  to  be  done  or  permit  to  be  ages. 
done  any  matter,  act  or  thing  in  this  act  prohibited  or 
declared  to  be  unlawful,  or  shall  omit  to  do  any  act,  mat- 
ter or  thing  herein  required  to  be  done  by  it,  the  said  rail- 
road or  express  company  shall  be  liable  to  the  person  or 
persons,  firm  or  corporation  injured  thereby  for  the 
damage  sustained  in  consequence  of  such  violation.  (Laws 
1905.) 

Ark.,    43;    la.,    2;    Kan.,    42;    Mont.,    55;    N.    C,    41;    N.    D.,    33,    TO,    94; 
Ohio,  66;   Ore.,   42,  44. 

18.  (IH)    If  any  railroad  or  express  company  as  afore- Wilful  vio- 

•  ],,,.,,.,.  .    .  .        .  lations— 

said  shall  willfully  violate  any  other  provisions  of  this  act,  penalty. 
or  shall  do  any  other  act  herein  prohibited,  or  shall  fail  or 
refuse  to  comply  with  any  and  all  lawful  orders  emana- 
ting from  said  Railroad  Commission  or  any  other  duty  en- 
joined upon  it  for  whicii  a  penalty-  has  not  herein  been 
provided,  for  every  such  act  of  violation  it  shall  pay  to  the 
State  of  Washington  a  penalty  of  not  more  than  two  thou- 
sand dollars.     (Laws  1905.) 

Ark.,   42;    Kan.,   43;    Wis.,   SI. 

19.  (19)    All  of  the  penalties  herein  provided  shall  be  Penalties— 

how    recov- 
recovered  and  suits  therefoi-  sliall  be  brought  in  thi'  name  <i<^<i.  to 

wimm  paid, 
of  the  state  of  Washington,     in     the    superior     court     of 

Thurston  county,  or  in   the  supn-ior  court   of  any  county 

in  or  through  which  said  railroad  or  express  coiii})any  may 


40 


RAILROAD   LAWS   OF    WASHINGTON 


Com'n.    to 
furnish 
copies   of 
rates,  etc. 


Fee  to  be 
charged— 
to  whom 
paid. 


Com'n.    to 
enforce   act 
and  report 
to  Atfy. 
Gen'l. 


do  business,  bj  the  Attorney  General  or  under  his  direc- 
tion. In  all  suits  arising  under  this  act  the  rules  of  evi- 
dence shall  be  the  same  as  in  ordinary  civil  actions,  except 
as  otherwise  herein  provided.  All  fines  and  penalties  re- 
covered by  the  State  under  this  act  shall  be  paid  into  the 
treasury  of  the  State.     (Laws  1905.) 

Fla.,   ;i3;    Ga..   31;   111.,   28,  51;   Minn.,   32;   N.   C,   42. 

20.  (20)  Upon  application  of  any  person  the  Com- 
mission shall  furnish  certified  copies  of  any  classification, 
rates,  rules,  regulations  or  orders  established  by  such 
Commission  and  such  printed  copies,  published  by  the  au- 
thority of  the  Commission,  with  seal  affixed,  shall  be  ad- 
missible in  evidence  in  any  suit,  and  shall  be  sufficient  to 
establish  the  fact  that  any  charge,  rate,  rule,  order  or 
classification  therein  contained,  and  which  may  be  in  issue 
in  tlic  trial,  is  the  official  act  of  the  Commission.  A  sub- 
stantial compliance  with  the  requirements  of  this  act  shall 
be  sufficient  to  give  effect  to  all  classificaions,  rates, 
charges,  rules,  regulations,  requirements  and  orders  estab- 
lished by  the  Commission,  and  none  of  them  sliall  be  de- 
clared inoperative  for  any  omission  of  a  technical  matter 
in  the  performance  of  such  act :  Provided,  however.  That 
when  copies  of  any  classification,  rates,  rules,  regulations 
or  orders  not  contained  in  the  printed  reports,  or  copies 
of  papers,  accounts  or  records  of  railroads  filed  with  the 
Commission  shall  be  demanded  from  the  Commission  for 
private  use,  the  Commission  is  hereby  authorized  and  di- 
rected to  charge  a  reasonable  compensation  therefor  from 
the  persons  to  whom  the  same  is  furnished.  All  moneys  re- 
ceived for  such  copies  shall  !)e,  In'  the  Secretary  of  the 
Commission,  paid  over  to  the  State  Treasurer,  taking  his 
rece'pt  therefor.      (Ch.  226.  Laws  1907.) 

Colo..  30;  Ind..  .'It.  (id;  Kan..  74;  Ky..  23;  Mont.,  .'0;  N.  Y..  24.  25; 
X.    D.,    29;    Ore.,   29;    Pa..   14;    Va.,   9;    Wis..   64. 

21.  (21)  It  is  hereby  made  tin-  (hity  oi"  sU'-li  Comniis- 
sioji  to  see  that  the  provisions  of  this  act,  and  ail  laws  of 
this  state  concerning  railroads  and  express  companies  are 


AMENDED  COMMISSION    LAW  41 

enforced  and  obeyed,  and  that  violations  thereof  arc 
promptly  prosecuted,  and  penalties  due  the  state  thercfo? 
recovered  and  collected.  And  said  Commission  shall  re- 
port all  such  violations,  with  the  facts  in  their  possession, 
to  the  Attorney  General  or  other  officer  charged  with  the 
enforcement  of  the  laws,  and  request  him  to  institute  the 
proper  proceedings  and  all  suits  between  the  state  and 
any  railroad  or  express  company  shall  have  precedence 
over  all  other  suits  pending  therein.      (Laws  1905.) 

Ala.,  110;  Ark.,  21;  Cal.,  28;  Colo.,  24,  38,  40;  Fla..,  22,  52;  Ga.,  28; 
111..  50;  Ind.,  58,  62;  la.,  39,  49;  Kan.,  64;  Mass.,  13;  Mich.,  89;  Miss.. 
77;  Mont.,  32,  64,  65;  N.  H.,  22;  N.  C,  22;  N.  D.,  83;  Ore.,  8,  47;  Pa.,  9; 
S.   C,   26,   61;   Tenn.,    55;   Tex.,   56,   69;    Wis.,   86. 

22.  (22)  The  term  "road,"  "railroad,"  "railroad  com-  ^^l^.  ^e^."" 
panics,"  "railroad  corporations,"  as  used  herein,  shall  be  ^"^  • 
taken  to  mean  and  embrace  all  corporations,  companies, 
individuals  and  associations  of  individuals,  their  lessees  or 
receivers,  owning  or  operating  any  railroad  or  part  of 
railroad  in  this  state:  Provided,  horvever.  That  the  pro- 
visions of  this  act  shall  not  apply  to  street  railroads. 
"Express  companies"  shall  mean  all  such  corporations, 
companies  and  association  of  individuals,  their  lessees  or 
receivers  as  shall  do  the  business  of  express  companies  on 
any  railroad  in  this  state. 

"Demurrage"  as  used  in  this  act  shall  be  defined  as  a  ^J^-™dJ-' 
charge  or  penalty  to  be  paid  to  a  railroad  l)y  a  shipper     "^  ' 
for  delay  after  a  reasonable  time  in  loading  a  car  or  cars 
delivered  to  him  for  loading  by  the  railroad:  or  to  l)e  paid 
by  a  consignee  for  delay  on  his  part  to  unload  a  car  or 
cars  within  a  reasonaljle  time  after  delivery  to  him. 

"Reciprocal   Demurrage,"  as  used  herein,   shall   be  de-   ~,  Demur- 
fined  as  a  charge  or  penalty  to  be  paid  the  shipper  by  the  fined. 
railroad  company  for  delay  in  furnishing,  after  a  reason- 
able time  after  (lemaiid,  any  car  or  cars  or   facilities   for 
shif)mi'nt    of    freight,    oi-    for   delay    by    the    I'aih-oad    com- 
pany in  j)r()ni})tlv  transpoi-tiiig  and  dehverlng  to  the  c-on- 


42 


RAILROAD    LAWS   OF    WASHINGTON 


Right  of  ac- 
tion not  re- 
leased here- 
by. 


Livestock 
contracts 
limiting   lia- 
bility   shall 
not    exempt. 


Appro- 
priation. 


Repeal. 


Constitu- 
tionality. 


Applicable 
to  express 
companies. 


sig-iicc  any  frcio-ht  received  by  it  for  delivery,      (Ch.  226, 
Laws  190T.) 

Ala.,  17,  18;  Cal.,  44;  Colo.,  1,  2,  3;  Fla..  14,  15;  Ga.,  33;  111.,  18; 
la.,  55,  72,  74,  76;  Kan.,  45;  La.,  1;  Mass.,  1;  Mich.,  12,  13,  14,  15;  Minn., 
44,  45;  Miss.,  73,  80,  S9;  Mo.,  41,  55;  Mont.,  19,  20;  N.  Y.,  1,  7;  N.  D.,  28; 
Ohio,  15;  Okla.,  1;  Pa.,  4;  S.  C,  11,  25,  78;  Tenn.,  59;  Tex.,  58,  59;  Va., 
2;   AVis.,   Ifi,  18. 

23.  (28)  This  act  .shall  not  have  the  effect  to  release 
or  waive  any  right  of  action  by  the  state  or  any  person 
for  any  right,  penalty  or  forfeiture  which  may  have  arisen 
or  may  hereafter  arise  under  any  law  of  this  state ;  and 
all  penalties  accruing  under  this  act  shall  be  cumulative  of 
each  other,  and  a  suit  for  the  recovery  of  one  penalty 
shall  not  be  a  bar  to  recovery  of  any  other:  And  pro- 
vided, That  no  contract,  receipt,  rule,  or  regulation  shall 
exempt  any  corporation  engaged  in  transporting  live 
stock  by  railway  from  liability  of  a  common  carrier,  or 
carrier  of  live  stock,  which  would  exist  had  no  contract, 
receipt,  rule,  or  regulation  made  or  entered  into.  (Laws 
1907,  H.  B.  387.) 

Ala.;  73,  146;  Ark.,  72;  Fla.,  39;  Ga.,  32;  Ind.,  64;  Kan.,  44;  Mich., 
94;   Minn.,   40;   N.   C,    43;   N.   D.,   30;   Ohio,   76;   Ore.,   48;    Wis.,   89. 

24.  (24)  There  is  hereby  appropriated  out  of  any 
money  in  the  state  treasury  not  otherwise  appropriated, 
the  sum  of  seventy-five  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary  to,  carry  out  the  provisions 
of  this  act.      (Laws  1905.) 

Mass.,    11,    30;    Mont.,    68;    N.    C,    67;    Ore.,    49;    S.    C,    22. 

25.  (25)  All  laws  and  parts  of  laws  in  conflict  with 
this  act  are  hereby  repealed.     (Laws  1905.) 

Ala.,    67. 

26.  (26)  If  any  section,. subdivision, sentence  or  clause 
of  this  act  is  for  any  reason  held  to  be  unconstitutional, 
such  decision  shall  not  affect  the  validity  of  the  remaining 
portions  of  the  act.      (Laws   1905.) 

Ala..    153;    Ohio,   79. 

27.  (27)  That  all  provisions  of  this  act  and  all  pen- 
alties  and   forfeitures  provided  herein   applicable  to   rail- 


AMENDED   COMMISSION   LAW  43 

road  companies  shall  likewise  be  applicable  to  express  com- 
panies.    (Laws  1905.) 

28.  (528)    The    Commission    is    liercbv    authorized    and  Accidents, 

^  •  Com  n.  to 

directed  to  investigate  all  accidents  that  may  occur  upon  investigate. 
any  railroad  operating  in  this  state  resulting  in  loss  of 
life  to  any  passenger  or  employee.      Said  Commission  is 
hereby  authorized  to  administer  oaths  and  examine  such  fgfg^  oath's!' 
witnesses  as  it  may  deem  necessary  and  proper  to  thor- 
oughly ascertain  the  cause  and  for  the  purpose  of  fixing 
the    responsibility    therefor.      Such    examination    and   in- 
vestigation may  be  made  by  the  Connnission  or  any  one 
of  the  Commissioners,  or  the  same  may  be  made  by   its  ^"^^^?*^n*^-^'' 
inspector   of   tracks    and   equipment,   and   such   inspector  "^'^^tigate. 
shall  have  the  right  to  administer  oaths  and  examine  wit- 
nesses in  case  the  investigation  is  made  by  him.     The  Com-  Comn. 

<^  -  shall  report 

mission  shall  report  to  the  Governor  from  time  to  time  the  g°nor ^' 
result  of  all  such  investigations.     (Ch.  226,  Law^s  1907.) 

Colo.,   64,    65;    Conn.,    47,   48;  Til.,    44;    Ind.,    65;    Me.,    'i,   4;    Mass.,    16; 

Mich.,   79,   80;   Minn.,   99;   Miss.,  57,  58;   Mont.,   34,  35;    N.    H..   19;   N.    Y., 

61;  N.  C,  21;  Ohio,  71,  72;  Fa.,  8;  R.  I.,  6;  S.  C,  2,  32;  Vt.,  30,  31.  32; 
Wis.,  84,   85. 

29.  (29)   Every  railroad  now  or  hereafter  doing  busi-  "Car  dis- 
ness  in  this  state     shall  keep  subject  to  the  inspection  of  ?°"^    *-°  ^^ 
any  bona  fide  shipper  a  book  or  books  known  as  "car  dis- 
tributing book,"   which   shall  be  kept   by   such   officer   or 
officers,  employe  or  employes  of  such  railroad,  and  in  such 
manner  and  form  as  the  Commission  may  direct,  showing 

among  other  thiims  all  orders  for  cars  received  by  such  —showing 

•^                          "                                                                        '■  cars   order- 
railroad  company,  the  name  of  the  person  so  ordi-rino',  and  ^^  ''^".'^, 
'        •  '                                      '                                      "  supplied. 

the  time  and  place  where  such  cars  are  required,  and  the 
time  and  place  such  cars  were  supplied,  and  such  other 
matters  and  information  as  the  Commission  may  prescribe. 
Any  officer  or  employe  designated  by  the  Commission  to 
keep  such   l;ook   or  any  officer  or  employe  having  control  ^h^y^J^jg 

thereof  who  shall  wilfully  refuse  to  any  hoiid  /?V/r  .shijipiT  shi'^",ers^for 

I-  i-  1     V        1  1  ]  111        insptM'tion. 

ins})ection  of  such  book,  wlien  proper  and  reasonable  de- 
mand foi'  siicli  inspection  has  been  re'asonably  made,  shall 
he  guilty  of  a  misdemeanor,  and  uf)on   conviction    tliei'eof, 


44  RAILROAD   LAWS   OF   WASHINGTON 

Penalty.  .shall  he  fined  in  a  sum  not  exceeding  one  hundred  dollars, 
or  imprisoned  not  to  exceed  thirty  days,  or  shall  be  both 
fined  and  imprisoned,  in  the  discretion  of  the  court. 
(Ch.  226,  Laws  1907.) 

Wis.,    33. 


Commis- 
sioners 
shall  be  ap 


.'30.  (30)  The  Commissioners  under  tliis  act  appointed 
proved^by^  by  the  governor  shall  be  confirmed  or  approved  by  the 
Senate.  Senate.     (Ch.  226,  Laws  1907.) 

Conn.,  1;  Ga.,  1;  Mass.,  2;  N.  H.,  2;  N.  Y.,  3;  Pa.,  1;  Vt.,  1;   Wis.  1. 

equipment  ^l-      (^1)    It  sliall  be  unlawful  for  any  railroad  or  rail- 

— unlawful  ,  .  •  1  >  • 

to  use.  way   corporation   or   company  owning  and  ope^'ating,   or 

tliat  may  hereafter  own  or  operate,  a  railroad  in  whole  or 
in  part  in  this  state  to  knowingly  or  negligently  use  or 
operate  any  car,  tender  or  locomotive  that  i.s  defective,  or 
any  car  or  locomotive  upon  wliich  the  machinery  or  at- 
trackf^*^"^     tachments  thereto  belonging  arc  in  any  manner  defective, 
ges,  e  c.  ^j,  ^^  knowingly  operate  its  train  over  any  defective  or 
dangerous   track,  bridge  or   structure.      (Ch.   226,  Lavvs 
•  1907.) 

stock"must         ^^-      (32)    That  every  railroad  corporation  owning  or 
with'aiito-'   operating  a  railroad  or  part  of  a  railroad  in  this  state 
lers  by  Jan- shall  on  or  before  the  first  day  of  January,  1908,  equip 
■  and  furnish  all  cars  owned  or  leased  and  used  by  it  in  its 
service  in  this  state  Avith  automatic  couplers,  coupling  au- 
tomatically, which  can  be  coupled  and  uncoupled  without 
es.    ^j^^  necessity  of  men  going  between  the  ends  of  the  cars, 
shall  equip,  furnish  and  operate  all  cars  in  its  passenger 
service,  and  not  less  than  80  per  cent  of  such  cars  in  its 
brakes.  freight  service  with  perfectly  acting  air  brakes,  and  also 

with  good  and  sufficient  hand  brakes,  and  in  such  a  manner 
as  to  enable  the  engineer  under  ordinary  conditions  to  con- 
trol the  speed  of  the  train  without  the  use  of  hand  brakes 
and  no  freight  train  shall  after  such  date  be  run  by  any 
such  railroad  corporation  over  any  part  of  its  road  lying 
within  this  state,  unless  the  cars  composing  such  freight 
equipped  train  are  so  furnished  and  equipped.  All  freight  cars 
ladders,  etc.  shall   bc   equipped    and   provided   with   proper   grab-irons, 


AMENDED  COMMISSION   LAW  45 

ladders  and  stirrups,  securely  boiled  on  so  as  to  enable  the 

employes   to   climb   upon   and   off  such   cars   with   safety : 

Provided,  however.  That  this  section  shall  not  apply  to  apply  to 

boarding  and  outfit  cars  when  moved  as  work  trains,  or  to  and  outfit 
...  ,1,        ,.  1         .        ,        i  J  cars,  log- 

trams  consisting  wholly  ot  logging  trucks  and  a  passen-  ging  trains, 

ger  car  or  caboose,  or  to  freight  trains  consisting  of  not  trucks. 

to  exceed  50  per  cent  of  logging  trucks.     (Ch.  226,  Laws 

1907.) 

Ark.,  40;   Conn.,   3S;   ill.,   16;    ind.,   S6,  87,   88,  94;   Miss.,   68;   Ore.,   14. 

33.  (33)  An  in.spector  of  safety  appliances  and  tracks,  safet^y  ap-^ 
bridges  and  structures  shall  be  appointed  by  the  Railroad  fracks!^and 
Commission  of  Washington,  at  a  salary  of  not  to  exceed  to  be  ap- 
two  thousand  dollars  per  annum.     Such  inspector  shall  not  salary. 

be  an  officer  of  any  railroad  operating  in  this  state,  nor 
shall  he  be  interested,  directly  or  indirectly,  in  the  stock 
or  bonds  of  any  railroad  company,  and  he  shall  have  had 
at  least  seven  years'  actual  experience  in  the  operating  de- 
partment of  some  railroad.  Before  entering  on  his  duties 
the  said  inspector  shall  give  a  bond  to  the  State  of  Wash-  Bond. 
ington  in  the  sum  of  five  thousand  dollars  secured  by  a 
bond  and  security  company  acceptable  to  the  Railroad 
Commission,  conditioned  for  the  faithful  performance  of 
his  duties,  and  shall  make  and  file  an  affidavit  that  he  is  J^^J^.°^ 
not  an  officer  or  director  of  any  railroad  company,  and  is 
not  directly  or  indirectly  interested  in  tllarstock  or  bonds 
of  any  railroad  company,  and  such  other  facts  as  are  re- 
quired of  employes  of  the  state.     (Ch.  226,  Laws  1907.) 

111.,   46;    Ind.,   92,   93;   Me.,   i:5;   Mich.,   7. 

34.  (34)    It  shall  be  the  duty  of  the  inspector  to  in-  J^^^f^^g^*^^- 
spect  the  couplers,  air  brakes  and  automatic  power  brakes 

found  on  the  cars  and  engines,  and  the  grab-irons,  ladders, 
stirrups  and  hand  brakes  on  all  fn-ight  cars  of  any  rail- 
road in  Washington,  and  make  such  report  of  his  inspec- 
tion to  the  Railroad  Commission  as  it  may  order  and  re- 
quire, reporting  all  cars,  tenders  and  engines,  giving  the  qo^°J^^  '^^ 
number  of  the  same,  the  road  on  A\!iich  they  are  found  and 
the  road  owning  the  same  if  known  which  is  found  to  have 


40 


RAILROAD   LAWS   OF   WASHINGTON 


Repoi-t  de- 
fects  to 
railroad 
companies. 


May  con- 
demn rollin: 
stock  ami 
order   same 
out  of 
service — 


Report  de- 
fective 
traclv, 
bridges,  or 
structures 
to  Com'n. 
and   rail- 
road com- 
Viany. 


May  con- 
demn. 


Report  to 
Com'n.   vio- 
lation of 
any  law  af- 
fecting- rail- 
roads. 


May  ride 
on  engine 


a  defective  coupler,  brake  or  other  defect  rendering  the 
operation  thereof  in  any  way  dangerous,  particularly  de- 
scribing such  defects.  He  shall  on  discovering  a  defective 
coupler,  brake  or  other  defect  rendering  the  use  of  such 
car,  tender  or  engine  dangerous  immediately  report  the 
same  to  the  superintendent  of  the  road  on  which  it  is 
found  and  to  the  agent  thereof  at  the  nearest  station,  de- 
scribing the  defect.  Such  inspector  may,  on  the  discovery 
of  the  defective  coupler,  brake  or  other  defect  rendering 
the  use  of  such  car,  tender  or  engine  dangerous  condemn 
such  car,  tender  or  engine,  and  order  the  same  out  of  ser- 
vice until  repaired  and  put  in  good  working  order.  He 
shall  in  addition  thereto  inspect  the  tracks,  bridges,  and 
structures  of  all  lines  of  railroad  operating  in  this  state, 
and  in  case  he  finds  such  track,  bridge  or  structure  defect- 
ive or  unsafe  in  any  particular,  he  shall  report  such  condi- 
tion to  the  Railroad  Commission  and  in  addition  thereto 
shall  report  the  same  to  the  divisional  superiiiendent  of 
such  railroad.  In  case  any  track  is  found  so  defective  as 
to  be  dangerous  to  the  employes  or  traveling  public  for  a 
train  or  trains  to  be  operated  over  the  same,  the  inspector 
is  hereby  authorized  to  condemn  such  track,  bridge,  or 
structure,  and  notif}-^  the  Railroad  Commission  and  the 
railroad  divisional  superintendent  of  such  road  of  his  ac- 
tion concerning J^^he  same,  reporting  in  detail  the  defects 
complained  of,  and  the  work  and  improvements  necessary 
to  be  done  to  repair  such  defect.  He  shall  also  report  to 
the  Railroad  Commission  of  Washington  the  violation  of 
any  law  governing,  controlling  or  affecting  the  conduct  of 
railroads  within  this  state.  Such  inspector  shall  have  the 
right  and  privilege  of  riding  upon  any  engine  either  on 
passenger  or  freight  trains,  or  on  caboose  of  freight  trairi 
for  the  purpose  of  inspecting  the  track  of  any  road  in  this 
state :  Provided,  That  the  engineer  or  conductor  in  charge 
of  any  such  engine  or  caboose  may  require  such  inspector 
to  produce  his  authority  under  the  seal  of  the  Railroad 


AMENDED  COMMISSION   LAW  47 

Coniniission    of   Washin^'toii    showiiio-   that    hv   is   such   in-  ^usf'sh'ow 
spe'ctor.     The  inspector  sliall  ho  an   employe  of  tlie  Rail    authority. 
/oad  Coniniission  of  Washington,  and  he  shall  perform  in 
addition  to  the  duties  above  described  such  other  and  fur- 
ther duties  as  the  Commission  may  require  of  him.      (Ch. 
S.'^fi,  Laws  1907.) 

Ga.,    45. 

35.     (S5)  Whenever  the  Railroad  Commission  of  Was!)  -  Commission 

^        •'  to  investi- 

inefton  has  reasonable  grounds  to  believe  either  on   com-  ^f-^^  com- 

^  *=  plaints  re- 

plaint   made   to   it   or   otherwise   that   any    of   the   tracks,  prding  de- 
^  -  fective 

bridges,  or  other  structures  of  any  railroads  in  this  state,  or"track"^ 
or  the  couplers,  air  brakes,  or  automatic  power  brakes  of 
any  cars,  tenders  and  engines,  or  the  grab-irons,  ladders, 
and  stirrups  of  any  freight  car  used  in  this  state  are  in  a 
rondition  wiiich  renders  them  or  any  of  them  dangerous  or 
unfit  for  the  transportation  of  passengers  or  the  carrying 
of  freight,  it  shall  forthwith  cause  the  same  to  be  inspected 
and  examined,  and  if  on  such  examination  of  said  (^oni 
mission  or  its  inspector  or  agents  it  is  of  the  opinion  that 
any  such  tracks,  bridges,  structures,  cars,  tenders  or  en- 
gines are  unfit  for  the  transportation  of  passengers  and  sa/e°shan" 
freight  with  safety,  it  shall  immediately  give  to  the  super-  road^com- 
intendcnt  or  other  executive  offic-er  of  the  company  operat-  r^J^airs  nec- 
ing  such  road  notice  of  the  condition  thereof  and  of  the 
repairs  or  reconstruction  necessary  to  place  the  same  in  a 
safe  condition,  and  it  may  also  prescribe  the  rate  of  speed 
for  trains  passing  over  such  dangerous  or  defective  track, 
bridge  or  other  structure  until  the  repairs  or  reconstruc- 
tion  required  are  made,  and  may  also  prescribe  the  time  ^ribe'Trme 
within  which  such  repairs  or  reconstructions  must  be  made,  r^!j*^irg°'^ 
or  if  in  its  opinion  it  is  needful  or  proper,  it  may  forbid 
the  running  of  passenger  trains  over  such  defective  track, 
bridge  or  structure  until  such  repairs  are  made.     If  any 
superintendent   or   other   executive    officer    receiving   such  J^^'jfroad  °^ 
notice  and  order  neglects  for  two  days  after  rcctix  ing  the  [^.'."^ompiy. 
same   to  direct    the   proper  subordinate  officer   to   run    the 
trains  over  such  defective  track.  brid<)'c  or  other  structure 


48  RAILROAD   LAWS   OF    WASHINGTON 

at  a  speed  not  greater  than  that  so  prescribed,  or  if  the 
running  of  such  trains  is  forbidden,  then  to  stop  running 
trains  over  the  same,  or  if  any  engineer,  conductor  or  other 
employe  knowingly  disobeys  such  order,  every  superin- 
Penalty.  tendcnt,  officer,  engineer,  conductor  or  employe  so  offend- 
ing shall  be  fined  in  any  sum  not  exceeding  five  hundred 
dollars,  or  be  imprisoned  for  any  period  not  exceeding  one 
year,  or  both,  at  the  discretion  of  the  court ;  and  the  com- 
pany operating  such  road,  if  it  neglects  or  without  good 
cause  fails  to  make  the  repairs  or  reconstruction  pre- 
scribed by  the  Commission  in  the  time  limited  shall  for  each 
day  that  such  repair  or  reconstruction  is  delayed  beyond 
the  time  prescribed,  forfeit  and  pay  to  the  state  the  sum 
of  one  hundred  dollars,  to  be  recovered  in  the  same  man- 
ner that  other  penalties  are  recovered  by  the  state  against 
railroad  companies  by  the  act  providing  for  the  appoint- 
ment of  the  Railroad  Commission,  and  defining  its  duties 
and  powers,  being  chapter  81  of  the  Session  Laws  of 
Washington  for  the  year  1905.     (Ch.  226,  Laws  1907.) 

Colo.,   67;   Ind.,   66,   6S;   la.,   40;    Ky.,   20;    Me.,   16;   Mich.,   81,   82;   Miss., 
67;   Mo.,  10;   N.   Y.,   66;   S.   C,  28;   S.   D.,  54;  Va.,  14. 

Railroads  ^(^        (36)    Anv  railroad  whose  superintendent,  officer  or 

must   make  \        /  .  t 

repairs  to      agent    shall    receive    such    notice    of    a    defective    coupler, 

cars  or  en-        "  f        ' 

gines  after    Ij^fij^e  or  other  defect  rendering  the  use  of  such  car,  tender 

notice.  f^  ' 

or  engine  dangerous  shall  cause  the  same  to  be  immedi- 
ately repaired.     On  receiving  from  the  inspector  an  order 
Cars  or  en-   condemning  anv   car,  tender  or  eno-ine,  the  employes  of 

g-lnes   to  be  .  .  . 

set  out  at     the  road  In  chars-e  of  said  car,  tender  or  engine  shall  put 

freight   ter-  ^       _  _  °    _  ^   ^ 

minais  if       the  same  out  of  service  at  the  first  freight  divisional  termi- 

defective—  ^ 

or  at  first      nal,  or,  in  case  the  inspector  so  orders,  at  the  first  station 

station  ^ 

reached.  reached.      Any   railroad   whose   superintendent,   officer   or 

track 'or*'^  agent  shall  receive  notice  of  a  defect  in  the  track,  or  any 

m7isflK>  re-  hridge  or  other  structure,  shall  cause  the  same  to  be  im- 

once^and  mediately  repaired  and  on  receiving  from  the  Commission 

run  over  '<^^^  order  condemning  the  track,  bridge  or  structure,  no 

same  until  .  <•  x'        u  c  •    •  i     ii   u 

repaired.        tram  excepting  for  the  purpose  of  repairing  shall  be  run 


AMENDED   COMMISSION   LA.W  49 

over  the  same  until  tlie  defects  pointed  out  are  remedied 
and  repaired.     (Ch.  226,  Laws  1907.) 

'37.  (B7)  It  shall  be  the  duty  of  the  general  manager,  Sust^make 
superintendent  or  other  proper  officer  of  every  railroad  reports  to 
operating  in  this  state  to  make  to  the  Railroad  Commission  an  ac- 

cidt*  nts 

of  Washington  at  its  office  a  monthly  report  under  oath  of 
all  the  collisions  of  trains,  or  where  any  train  or  part  of  a 
train  accidently  leaves  the  track,  and  of  all  accidents 
which  ma}''  occur  to  its  passengers  or  employes  while  in 
the  service  of  such  road  and  actually  on  duty,  which  re- 
port shall  state  the  nature  and  cause  thereof  and  the  cir- 
cumstance connected  therewith :  Provided,  hozvever.  That  shau '^not  be 
neither  said  report  nor  any  part  thereof  shall  be  admittec'  damage 
as  evidence  or  used  for  any  purpose  against  such  railroad  comn.  to 

.     '  .  •         i-  1  prescribe 

SO  makuig  such  report  m  any  suit  or  action  tor  damages  form  of 

•  1   •  •  1  L        I     X.    '"<'P'~>rt. 

growing  out  of  any  matter  mentioned  in  said  report  ;  that 

the  Railroad  Commission  of  Washington  is  hereby  author- 
ized to  prescribe  for  such  railroad  a  method  and  form  for 
making  the  reports  in  this  section  provided.  (Ch.  226, 
Laws  1907.) 

111.,   45;    Mont.,   36;    Ore.,   40;   Vt.,    29. 

38.  (38)    Any      railroad,     divisional     superintendent,  Penalty, 
agent,  officer  or  employe  of  any  railroad  operating  in  this 

state  who  sliali  wilfully  and  knowingly  violate  any  of  the 
provisions  of  this  act  shall  be  deemed  guilty  of  a  misde- 
meanor and  on  conviction  thereof  shall  be  fined  in  any 
sum  not  exceediniT  five  Imndred  dollars.  (Ch.  226,  Laws 
1907.) 

Ala.,    79;    Colo.,    15,    37;    Ga.,    46;    Ind.,    51,    57;    Minn.,    41;    Miss.,    75; 
Mont.,  58;  N.  C,  36,  40;  N.   D.,  75;  Ohio,  67;   S.   D.,  68;  Tenn.,  52. 

39.  An   emergency   exists,   and   ihis   act   shall    take   ef-  Kmerg.  ncy. 
feet   iii.niediatelv.      (Ch.  226,  Laws  1907.) 


—    4 


50  RAILROAD   LAWS   OF    WASHINGTON 


RECIPROCAL  DEMURRAGE  LAW 


Applica- 


CiiAPTEK   142,  Laws  of   IHOT. 

[H.  B.  285.] 

An  Act  provided  for  the  furnishing  of  cars  to  shippers  and  pre- 
scribing the  time  of  loading,  transporting  and  unloading  the 
same,  w;th  storage  and  charges  incidental  thereto  and  provid- 
ing charges  and  penalties  for  delay  for  the  violation  of  this  at 
and  authorizing  the  Railroad  Commission  of  Washington  lo 
prescribe  additional  rules  and  to  enforce  the  same  and  the 
provisions  of  this  act. 

Be  it  enacted  bji  tlieLefjlstdfiiic  of  tlic^tateofWasJilngion: 
.')*.>.      (1)    When    a    shi})|)('r    makes   written    application 
tions  fm-       1^,  .,  yjiili-oad  eonn>anv  for  a  car  nr  cars  not  exceedinff  ten 

cars — now  '        •  o 

made.  (10)   cars  in   nnnll^er   (lnriii<>-  any   (nu'  day,   to   l>e  loaded 

witli  any  kind  of  frei<>lit  embraced  in  the  tariff  of  said 
company,  statini;'  in  said  aimlication  tlie  character  of  the 

Shall  be        frcii^'ht,    and    its  destinatii;n,   tlie   railroad   companv   shall 

furnished  .       '  .  ...  .  ,    ,      ' 

within  furnish  same  within  six  ((5)  davs  from  seven  o clock  a.  m. 

six  days.  _  ,        '. 

the  day  following  such  application. 

Or  when  the  ship]>er  making  such  application  specities  a 
fntnre  day  on  which  he  desires  to  make  a  shipment,  giving 
iiot  less  than  six  (  (>)  days'  notice  thereof,  com[Hiting  from 
seevn  o'clock  a.  m.  the  day  fcdlowing  snch  application,  the 
railroad  company  shall  fnrnish  snch  car  or  cars  on  the  day 
specified  in  the  application. 
Penalty.  For  failure  to  com]>ly   with   this  section,   the  company 

so  offending  shall  forfeit  and  pay  to  the  shipper  a])iplying, 
the  snni(  of  one  dollar  ($1.00)  ]>er  car  jkt  day  or  fraction 
of  a  day's  delay  after  ex]>iration  of  free  tiniic,  upon  dcMuand 
in  writing,  niach-  within  thirty  ( -"jO  )  chiys  thereafter  by  the 
shii)p<n*. 

Ala.,    SI.    133;    Colo.,    61,    62;    Kan.,    S5;    Mo.,    29;    N.    C,    11;    Ore.,    50; 
S.    D.,   16. 

Railroads  40.      (2)    Whenever  freight  of  any  character,  }>roper  for 

must  issue  '.  1        1  •  1        1   1  '  1  1  11 

receipt  or      transportation,  whether  m  carload  Jots  or  less  than  carload 

bill  lading.      ,  .  T  ,  •,  , 

lots  IS  tendered    to   a    railroad   companv   at    its  cnstomarv 


RECIPROCAL   DEMURRAGE   LAW  51 

])lace  for  rocoiviiio-  shipments,  and  eorroct  slii])]n'no'  in- 
structions aiv<-ii,  the  railroad  ooni])any's  iiiicnt  iinist  iiii- 
nKuliatoly  receive  tlie  same  foi-  sln];iiienr,  an<l  issue  hills  of 
hiding  or  shipping  receipt  therefor,  and  whenever  siicli 
shipments  have  \>een  so  received  hv  any  railroad  company, 

thev  must  he  carried  forward  at  the  rate  of  not  less  than  Must  move 

oO  miles 

fifty  (50)  miles  ]>er  day  of  twenty-four  hours,  comjwtiiiii'  per  day. 

time  from  seven  f)'clock  a.  m.  the  day  f(dlowing  receipt  of 

shipment,  and  for  failure  to  re<'eive  or  trans]>ort  such  sliij> 

ments,  within  the  time  prescrihed,  the  i-aih'oad  conijmny  so 

offending  shall  forfeit  and  pay  to  the  ship}>er  the  sum  of  Penalty. 

one  dollar  ($1.00)  per  day,  por  car,  or  fraction  thereof,  on 

all  carl(»ad  freight  and  one  cent  per  hundred  |>ounds  per 

day  or  fraction  thereof,  on  freight  in  less  than  carloads, 

with  minimum  charge  of  five  cents   (5  ets. )   for  any  one 

package,  upon  demand  in  writing  by  the  shi]>jK^r,  or  some 

other  party  whose  interest  is  afift'cted  by  such  delay :     Fro-  Time— how 

^         ^'  •■'  •■  computed. 

vided,  That  in  com]niting  the  time  of  freight  in  transit 
there  shall  be  allowed  twenty-four  hours  at  such  point 
where  transferring  from  one  railroad  to  another,  or  re- 
handling  of  freight,  is  necessary. 

Ala.,   82,   83,   84;    Ind.,   70;    Kan.,   86,   88;   Mo.,   30;    S.    D.,    19. 

41.  (8)  The  period  during  which  the  movement  of  cars  Unavoid- 
or  freight  is  suspended  or  delayed  on  ac<^'ount  of  accident,  tion. 
sudden  congestion  of  tratlic,  unavoidable  detention  in  other 

states  or  in  othei-  ]>hi('<'s  within  this  state  or  any  other  cause 
not  Avithin  the  j>ower  of  the  raili'oad  (•om])any  to  pre- 
vent, shall  be  added  to  the  free  time  allowed  in  this  act, 
and  counted  as  additional  free  time. 

S.    D.,    25. 

42.  (4)    Raili'oad  compaiiies  shall,  within  t  \veiit\'-foUr  Notice  to 

consignee- 
hours  after  arrival  of  shipments,  uive  notice,  hv   mail  or  give 

_     '  _  ■  weight    and 

Otherwise,  to  consignee  of  the  arrival  of  shijim/ents,  together  charges. 
with  the  weight  and  amount  of  fi'cighi  chai'ges  due  thereon, 
and  M'here  goods  or  freight  in   carload   (pnintilics   ai'rive, 
such  notice  shall  contain,  also  identifying  mnnhcrs,  letters 
and  initials  of  the  car  or  cars,  and  if  transferred  in  transit 


52  RAILROAD  LAWS   OF   WASHINGTON 

tlio  innnbor  aiul  initials  of  the  car  in  wliieli  originally 
shipi>ed.  Any  railroad  company  failing  to  give  such 
notice  shall  forfeit  and  pay  to  the  shipper,  or  other  party 
Penalty.  whose  interest  is  affected,  the  sum  of  one  dollar  ($1.00) 
per  ear  i>er  day,  or  fraction  thereof,  of  a  day's  delay,  on 
all  carload  shipments,  and  one  cent  per  hundred  pounds 
j>er  day  or  fraction,  thereof,  on  freight  less  than  carloads, 
with  minimum  charge  of  five  cents  (5c)  for  an}-  one  pack- 
age, with  the  expiration  of  the  said  twenty-four  hours: 
Provided,  That  not  more  than  one  dollar  ($1.00)  per  day 
be  charged  for  any  one  consignment  not  in  excess  of  a 
carload. 

Kan.,   89:    Mo.,   31,    36;    N.   D.,   60. 

f^^-'h\—  °^  '^^*  ^"^^  liailroad  companies  shall  deliver  freight  at 
how  made,  their  dcpots  or  warehouses,  or  in  case  of  shipment  for 
track  delivery,  shall  place  loaded  cars  at  an  accessible 
place  for  unloading  within  twentv-four  hours  after  arrival, 
computing  time  from  seven  o'clock  a.  m.  the  day  foll(jwing 
the  arrival  of  freight.  Except  that  carload  shipments  for 
track  deliveiy  at  local  stations  havir'^-  not  more  than  one 
team  track,  shall  be  placed  at  an  accessible  point  for  un- 
loading by  the  conductor  of  trains  on  which  the  car  arrives. 
Penalty.  Tlie  shipjDer  or  consignee  shall  be  paid  one  dollar  ($1.00) 
per  car  per  day  for  each  day,  or  fraction  of  a  day,  such 
delivery  is  delayed. 

Ala.,  85;   Ind.,  71;   Kan.,   90;   Mo.,  32. 

Demurrage        44.      (6)    All  Carload  freight  or  freiii-ht  carried  at  car- 

all  freight  ^  .  .     "  '  . 

subject  to.    Idjid  rates  and  all  freight  in  cars,  whether  full  carload  or 

not,  taking  track  delivery  shall  be  subject  to  the  demurrage 

or  car  service  charges  prescribed  in  this  act. 

Ala.,    86. 

Free  time  4.").      (7)    A  sliip|jer.  Oil  wliose  order  a  car  or  cars  have 

Iwcii  jihiced  for  loading,  shall  be  allowed  forty-eight 
hours  (48)  for  the  loading  of  such  car  or  cars,  computing 
the  time  from  seven  o'clock  a.  in.  the  day  after  such  car  or 
cars  liave  been  placed,  subject  to  the  order  of  the  shipper, 
and   thereafter  a  demurrage  of  not  more  than  one  dollar 


RECIPROCAL   DEMURRAGE    LAW  53 

($1.00)   per  car  per  day,  or  fraction  of  a  day,  may  be  Penalty, 
assessed  and  collected  on  all  such  cars  as  have  not  been  ten- 
dered to  the  railroad  company  with  shipping  instructions 
within  the  said  forty-eight  (48)  hours. 

Railroad  companies  shall  not  be  com]>elled  to  furnish  ^^nish^cars 

cars  for  future  shipments  to  iiartics  in   default  as  to  the  *°  shippers 
'^  '  in  default. 

payment  of  the  demurrage  charges  herein  last   provided 
for,  until  such  demurrage  charges  have  been  paid,  provided  • 
the  same  has  been  demanded  prior  to  the  commencement 
of  the  transportati<in  of  the  ear. 

Jf,  after  placing  the  car  or  cars  required  by  this  section,  unloading 
the  railroad  company  shall,  during  or  after  free  time,  teni-  abL'tcfcon- 
porarily  remove  all  or  any  of  them,  or  in  any  way  prevent,  sigrnee. 
obstruct  or  delay  the  loading  of  same,  the  shii'i;er  shall  not 
be  chargeable  with  the  delay  caused   therc])y.     When  by 
reason  of  delay  or  irregulai'ity  on  the  part  of  the  railroad 
in    fillino;    orders,    cars    are    bundled    in    excess    of    the  P®'^7^  in 

^  '  furnishing 

abilitv  of  the  shipper  to  load  in  the  order  indicated  in  his  "J?  ^]^^^s- 
i  ^  able  to 

applications,    the   shipper   shall   be   allowed   separate   and  shipper, 
distinct  periods  of  free  time  within  which  to  load  the  car  or 
cars  s|3ecitied  in  each  sepai'ate  applicati(»n. 

Ala.,  87;   Colo.,   57,  .o8;   Ind.,   74;   Kan.,   87;    Minn.,  84;   Mo.,  33;   N.   C, 
14;    S.   D.,   21,   22. 

-Kl      (8  )    A  car  or  car.'!  detaiiic(l  oi-  held  at  ixiint  of  shin-  imperfect 

loading  or 
ment  for  want  of  )>ro))cr  shiij^iiiii'  instructions,  or  bv  rca-  shipping 

.  ?  .         ."  instruc- 

son  of  imj>erfect  or  excessive  loading  where  loading  is  done  tions. 

by  sliipper,  shall  l>e  subject  to  a  demurrage  charge  of  one 

dolhir   ($1.00)   ])er  car  per  day,  or  fraction  of  a  day,  the  Penalty. 

said  car  or  cars  are  so  detained  m-  licld.      in  case  of  iin]K'i'- 

fect  or  excessive  loading  by  shipjK'r,  tlie  shii)[X)r  shall  b<' 

notified  thereof  as  early  as  i>racticable  after  said  car  or  Shipper  to 

•^  '  be  notilied. 

cars  have  been  received  from  him.  in  which  case  car  demni- 
rage  charges  at  alM)ve  rate  shall  Iwiiin  f'i'oni  time  of  notili- 
cation. 

Ala.,    88. 

47.       (i>)    Legal  notice,  as  i-cf.'ired  t..  in  this  act.  may  be  ho°w*^gi^^^n 
either  actual  or  constructive.      Where  the  consignee  or  his  ^cTuai  or 
agent    is    iH-rsonally   served    with    notice   of    tjie    ari'ival    of  jfj),'"'""*^' 


54 


RAILROAD   LAWS   OF   WASHINGTON 


Notices — 
failure  to 
receive 
same. 


Freight 
may  be 
stored. 


Storage 
charges. 


Must  not 
exceed  car 
load  rate. 


Free  time 
for  un- 
loading. 


freight  at  or  before  six  o'clock  p.  m.  of  aiiv  dav,  free  riiiu' 
l)egiiis  at  7  o'clock  a.  m.  on  tlie  day  after  sncli  notice  has 
been  given.  Constrnctive  notice  referred  to  shall  consist  'if 
I  osting  notice  by  mail  to  consignee;  where  this  niiodo  of 
giving  notice  is  adopted  there  shall  l>e  24  hours  additidind 
free  time:  Provided,  however,  That  when,  in  anv  ca.-e 
wJitre  notice  of  arnval  is  given  by  mail,  the  consignee  sliid! 
make  oath  that  neither  he,  his  agents,  or  employes,  lia\e 
Kccived  such  notice,  then  he  will  be  held  to  have  reccn\'<l 
legal  notice  by  reason  of  posting  of  said  notice  by  mail. 

Ala.,  89;   Colo..   59;   Kan.,  91. 

48.  no)  All  'packages  unloaded  by  railroad  companies 
in  their  depots  or  warehouses,  and  freight  which,  in  or-ltr 
to  release  cars,  is  unloaded  in  the  yard  space  of  a  raili-oad 
company,  which  is  not  removed  by  the  owners  thereof  from 
ilie  custody  of  the  railroad  company  within  iorty -eight 
Lour.s  computing  time  from  seven  o'clock  a.  m.  of  the  day 
following  legal  notice  of  arrival  may  be  siihlect  lo  a 
charge  of  storage  for  each  day,  or  fraction  of  (hiy,  ir  nay 
renuiin  in  tliC  custody  of  the  railroad  company  :  t-'ivvided, 
!Snch  com'pany  shall  alloAv  means  of  ingress  and  egress  for 
such  removal.     Said  charges  shall  be  as  follows : 

In  less  than  carloads,  not  more  than  one  cent  per  hun- 
dred pounds  per  day  or  fraction  thereof;  in  carload  quan- 
tities, not  more  than  ten  cents  jier  ton  of  2,000  pounds 
per  day  or  fraction  thereof,  but  not  exceeding  one  dollar 
($1.00)  ])er  car  per  day,  or  fraction  of  a  day:  Prorided, 
That  in  no  case  shall  the  amount  so  collected  for  storage 
of  a  less  than  carload  shipment  exceed  the  amount  author- 
ized to  be  charged  as  storage  or  demurrage  on  a  carload  of 
similar  freight  for  the  same  lengfh  of  time  when  not  uii- 
Icadtd  from  car,  as  provided  by  the  demurrage  rates  of 
this  act. 

Ala.,    90. 

40.  (11)  Loaded  ears  containing  hay,  coal,  coke,  brick, 
lniid)er  and  shingles  in  covered  cars,  and  the  following 
articles  in  bulk:     ]\icat,    ])otatoes,   grain   and   grain   pro- 


RECIPROCAL   DEMURRAGE   LAW  55 

diicts,  taking  track  delivery,  which  are  to  l)e  unloaded  by 
consignee,  bnt  are  not  unloaded  within  forty-eight  (48) 
JKturs,  coiiipiiting  time  from  seven  (7)  o'clock  a.  m.  the 
day  fallowing  the  day  legal  notice  of  arrival  is  given,  hav- 
ing been  placed  at  an  accessible  ]Mtiiit  for  unloading,  may 
he  snl)ject  thereafter  to  a  charge  for  demurrage  of  one 
dollar  ($1.00)  per  car  for  each  day,  or  fraction  of  a  day,  Penalty, 
that  ihey  may  remain  loaded  in  ]M:)Ssession  of  the  railroad 
company.  All  loaded  cars,  taking  track  delivery,  to  1^ 
unloaded  by  consignee,  shall  be  limited  to  forty-eight  (48) 
]  I  ours  of  free  time :  Provided,  however^  That  if  after  plac- 
ing a  car  or  cars,  as  required  in  this  section,  the  railroad  caused  by 

,     ,,       ,       .  I-  n  •  M  railroad — 

ccm]ja!iy  shall,  during  or  alter  tree  time,  temjiorarily  re- 
move all  or  any  of  them,  or  in  any  way  obstruct  the  uu- 
loadino-  of  same,  the  consignee  shall  not  be  chargeable  with 
the  delay  '::i"sed  thereby :  Provided,  That  when  on  account 
of  delay  or  irregularity  in  traus]w)rtatioii,  cars  are  bunched  ca^used  by 
in  transit  and  delivered  to  the  consignee  in  numbers  beyond  ca^s^in  "^ 
ascertained   al>ility  to   unload   within   the  free  time  pre-  ^^^"^"^• 
scribed  in  this  act,  he  shall  be  allowed  by  the  carrier  such 
additi(.iitd  time  as  may  be  necessary  to  unload  cars  so  in  faciuues^ 
excess  by  the  exercise  of  due  and  usual  diligence  on  the  increased. 
part   of   consignee,    who    shall    also    increase   his   unload- 
ing facilities  coextensi\'<'ly  with   the  inci'case  of  his  hnsi- 
ness. 

Ala.,   91;    Colo.,    60. 

r>0.  {12)  Wju-iievcr  the  weather,  (hiring  llie  jH-riod  of  ^/^'^^'^^ 
free  time,  is  so  severe,  inclement  or  rainy  that  it  is  im]wis-  weather. 
sihle  oi'  iiii];i'actical)le  to  secuic  iiu'ans  ot  loading  or  nn- 
loadina*  fright,  oi*  when,  from  the  nature  of  the  goods  or 
freight,  loading  oi-  unloading  would  eau^e  injury  or  dam- 
age, thereto,  such  time  shall  be  added  lo  the  free  pci-iod, 
and  no  denuirraoc  charges  shall  be  allowed  foi-  <ueh  addi- 
tional free.  time.  This  section  a|i|)lies  to  the  stall'  <  I  ihe 
weather  dni'ing  hnsiness  hours. 

Ala.,    92. 

-.  ...r  •  iii-'ii  ■  111       Storage — 

.)1.        (1.5)     Iiieoniing  carload   1l-eiglit,   eouillig    undei-  Uie  ,.;,rioads 

•    •  ■•  •  .  .       !•     1   •  .  I  .  11  •  I      may  be 

JM'fiVlslolis  ot    •section    11    ot    tlil>   act.    may    lie   s|ofe<l    \\y    i-ail-    stored. 


56 


RAILROAD   LAWS   OF   WASHINGTON 


Refusal  of 

consignee 

to  accept— 

Notice 

must  be 

given 

shipper. 


Storage  or 
demurrage 
win  accrue. 


Consignee 
must  pay- 


Shipper  to 
be  notified. 


Goods  sliip- 
ped  to 
order. 


Notice. 


road  cx>iii}>aiiies  in  (1(']mi1.s  or  wai'clionses  at  the  cx^xMise  of 
the  owner,  if  same  is  not  reinov(>d  l)eforG  demurrage  charges 
attach :  Provided,  That  daily  storage  charge  on  such 
freight  shall  not  exceed  the  demurrage  allowed  under  this 
act. 

Ind.,    78;    S.    D.,    26. 

52.  (14)  If  the  consignee  i^hall  refuse  to  acx'ept  freight 
tendered  in  pursuance  of  the  bill  of  lading,  the  carrier 
charged  with  the  duty  of  delivery  shall  give  legal  notice  to 
the  consignor  of  such  refusal ;  and  if  he  shall  not,  within 
three  days  thereafter,  give  direction  for  the  reshipraent  or 
unloading,  or  other  disposition  of  such  goods,  he  shall 
tJienceforth  become  liable  to  such  carrier  for  storage  on 
such  goods,  or  demurrage  up<)n  the  car  or  cars  in  which 
they  are  stored,  to  the  same  exeiit,  and  at  the  same  rates 
as  such  charges  are  under  like  circumstances,  by  the  pro- 
visions of  this  act  imposed  upui  consignees  who  neglect 
or  refuse,  after  luiticc  of  arrival,  to  rem!ove  fi'eight  of  like 
character  from  the  depots  or  cars  of  a  carrier.  A  con- 
signee who  has  once  refused  to  accept  a  consignment  of 
goods  shall  not  thereafter  be  entitled  to  receive  the  same, 
except  ninm  ])ayment  of  all  charges  fcu"  storage  or  de- 
murrage Avhich  have  accrued ;  and  if  the  consigiiee  of 
freight  in  carloads,  or  less  than  carloads,  shall  fail  or 
neglect  t-o  remove  such  freight  within  three  (3)  days  after 
the  expiration,  of  free  time,  then  the  carrier  shall  through 
the  agent  at  point  of  shipment,  so  notify  the  shi})}>er,  un- 
less the  consignee  has  signified  his  acceptance  of  the  pro|> 
erty.  Such  notice  may  either  l)e  served  personally  or  given 
by  mail. 

Ala.,  95,  96. 

.").').  (  1  ">  )  W'lu'ii  ciinsigiioi's  Ai']\)  g(Hids  consigned  to 
ordci',  hnt  express  in  their  bills  of  lading  or  slii])'])ing  in- 
s(  met  ions,  the  name  of  a  ju'i'sun  at  destination  to  notify, 
it  shall  he  the  dn*^'  of  tlu'  railroa<l  or  other  ti-ans]>ortation 
company,  to  gi\'e  legal  notice  to  sneh  ])arty  in  the  same 
way,  and  nnder  the  same  I'ules,  as  if  the  sliii>ment  had  been 


local  ex- 
ng-es. 


Discrimi- 
ation    in 


RECIPROCAL   DEMURRAGE   LAW  57 

made  direet  to  him.     But,  when  eonsigniors  do  imt  complv 

with   this  condition,    the   railroad   or  other  transjwutainn 

company,  shall  give  notice  only  to  such  consignors ;  except 

that  in  shipments  of  grain  or  hay,  notice  shall  also  \)e  given  £"yirnoUce 

to  the  local  exchanges :     Provided,  That  at  the  expiration  ^"Jlven 

of  free  time  the  carrier  shall  o'ive  notice  thereof  to  the  con-  ^^hl 

signer. 

54.  (IB)  Railroad  companies  shall  not  diseriniinate  be-  ^ 
tween  j^ersons,  places,  or  commodities,  in  storage  or  demur-  or'^t'JrTfe^ 
rage    cha,rg-es.      Xo    rebate,    refund,    draw-back,    average  foweA.' 
plan,  or  other  similar  device  shall  be  lawful:     Frorlded, 
That   this  section   shall  not   apply  to   package  freight  re- 
ceived in  less  than  carload  lots  and  uidoaded  in  depots  and  ^^es  not 

'  apply  to 

wai'eh(!uses,  and   upon    iirdof  cf  the  violation  of  tliis  sec-  '^^s  car- 

'  '  '  loads. 

tion,  either  and  each  i>ai-ty  to  such  discrimination,  rebate, 
refund,   draAV^back,   average  plan  or -other  similar  device 
shall  be  fined  in  any  sum  not  less  than  one  hundred  and  not  Penalty. 
exceeding  one  thousand  dollars  for  each  offense  found  by 
the  jury  in  an  action  brought  therefor. 
Ala.,  97. 

55.  (17)    No  demurraii'e  shall  l>e  charged  on    iirivate  Private 

_  '  '  ^  cars  on  t,.. 

cars  standing  on  private  tracks,  when  both  cars  and  tracks  vate  tracks 

are  owned  by  the  same  ])ersoii  or  jiersons. 

Ala.,    98. 

5(;.     (IS)  Xothinu-  in  this  act  shall  be  held  to  i-elieve  anv  Livestock 

'  >  •      and  perish- 

railroad  com]>anv  from  furnishing  cai-s  for  transpurtation  ^we   cars 
of   live   stock   and    iici'ishabic   fi'cight    within    a    reasonable 
time  after  demand  therefoi-  even  if  sucli  time  is  less  than 
the  free  time  ]irescribed  in  this  act. 

57.       (10)     in    all   cdinpntation   of   lime   nndci'   this   act,  ^HJ^*^^^^^. 
Sundays  and  legal  Imlidays  shall  be  excluded.  ^^^Z^' 

5S.      (20)    Actions  to  <'nforce  the  provisions  of  this  act 
may  be  brought  in  any  court  of  com]>etent  jurisdiction  in 
the  county  in  wliicli  the  cansc^  of  action  arose  or  in  which  ^'^"^^ 
the  sliipiiH'ut  was  tcndcr(Nl   'o  or   rccci\"cd  or  deli\'crc(|   Iiy 
the  I'ailroad  company,  and   in  case  plaint  ill"  i'c<'o\-cin   jndg- 


pri- 


Action  may 
he  liiMnarlit 


58 

Atfys.    fee. 


Penalties 
or  charges 
shall    cover 
all   dam- 
ages. 


Complain- 
ant may 
waive  and 
claim  ac- 
tual dam- 
age. 


The  Rail- 
road  Com'n. 
authorized 
to  enforce 
this   act. 


Com'n.    may 
make    addi- 
tional 
rules   not 
in   conflict. 


Penalty. 


Accidents 
and  other 
cause  of 
delay  ex- 
empts from 
penalty. 


RAILROAD   LAWS   OF   WASHINGTON 

uu'iit    ill  siu'h  actidii   a   i-casdiiahlc   attni-nev's  fee  shall   he 
alliiAvcd  as  a  ])art  thereof. 

.")•.».  (21)  If  aiiv  coiiiplainant  rig'htly  entitled  thereto 
received  jiayiiieut  of  the  charges  or  penalties  imposed  in 
this  act  for  faihire  to  coni])ly  therewith,  snch  payment  shall 
he  in  fnll  of  any  and  all  claims  for  daiiiages  growing  nut 
of  snch  failure:  J'l ondcd .  Iioicever..  That  such  C()niplain- 
ant  may  at  his  election,  waive  said  charges  and  penalties, 
and  (daim  such  actual  damage  as  he  may  have  sustained. 

Ala..    99. 

()().  (22)  Full  DKiwer  and  auth<irity  is  herein-  given 
The  Railroad  C'onmiission  of  Washington  to  enforce  the 
provisions  of  this  act  either  upon  or  without  complaint 
made,  and  to  ])reserihe  and  enforce,  when  not  in  conflict 
with  this  act.  all  such  a<lditional  reasonable  rules,  regula- 
tions and  orders  as  may  be  necessary,  and  charges  or  pen- 
alties for  the  violation  thereof,  and  to  modify  or  sns^iend 
the  same,  in  order  to  compel  and  require  the  sevei-al  rail- 
road coinpanies  in  tliis  State  promptly  to  receive,  receipt 
for,  and  forwai'd  and  deliver  to  destination  all  lawful 
freight,  and  to  make  prompt  delivery  thereof  at  destina- 
tion to  the  consignee;  and  to  require  and  compel  railroad 
companies  doing  bnsinesSi  in  this  State  to  provide  and  sup*- 
ply  cars  and  other  railroad  equi|Tanent  sufficient  to  trans- 
|X)rt  within  a  reasonable  time  after  demand  therefor  all 
lawful  freight  ]n-operly  tendered  thereto  for  shipment  with- 
in oi'  witliout  this  State,  and  to  proceed  against  any  rail- 
road coii)i])any  for  failure  or  refusal  to  provide  and  supply 
such  sufficient  cars  and  other  equipment ;  and  in  case  of 
conviction,  such  railroad  couipany  shall  le  fined  for  each 
such  failure  or  refusal  in  any  sum  not  less  than  one  hun- 
dred dollars  and  not  exceeding  five  thousand  dollars  to  be 
found  by  the  jury  in  an  action  brought  therefor:  J^ro- 
vidcd,  That  upon  ])roof  of  ]iublic  calamity,  accident,  iin- 
]>recedented  increase  of  business  or  any  other  cause  of 
delay  not  within  the  ])<)wer  of  the  railroad  company  to 
prevent,  no  conviction  shall  be  found. 


RECIPROCAL   DEMURRAGE   LAW  59 

01.      (2ii^    Til  oase  anv  railroad  c'.inpanv  shall  fail  to  Demurrage 

'        •  charges 

furnish  a  car  or  cars  to  transport   and   d(divci'  freight  as  "lust  be 

i  o  paid  by 

herein  i)roA'ided,  bv  reason  whereof  deiniirra<i-e  c]iar2;es  and  '"^.'i^?^*^^ 

1  7      .  w  t>  Within  30 

})enalties  iK^conie  due  and  payable  to  a  shipper  or  consignee  ^^y^- 
as  lici-cin  prdvided  such  railroad  company  shall  pay  to  such 
ship]>er  or  consignee  such  charges  Avithiii  thirty  days  from 
and  after  demand  therefor,  and  in  case  of  the  refusal  or 
neglect  of  such  railroad  company  to  pay  such  charges  and 
I^enalties  so  accrued  without  good  and  sutficient  cause  there- 
for, it  shall  be  subject  to  a  ]>enalty  of  two  hundred  and  I'enaity. 
fifty  dollars  for  each  failure  or  refusal  to  make  such  pay- 
ment, which,  together  with  the  costs  of  suit,  shall  be  re- 
coverable by  the  Kailroad  ("onimission  of  Washington   in  ^o^^'^^^om-n 
tlie   superior   court    of   the   State   of   Washing-ton    in    any  cover/^' 
county  in   this  State  in   or  tlirough   which   said    railroad 
runs  or  does  business. 

Ala.,   101. 

Cr2.      (24:)   When    anv    action    against    anv    railroad    is  Applicant 

/  •  '^  •  for  cars 

brouG'ht  under  the  provisions  of  this  act  for  failure  to  fur-  ^^^^  ^j^?^ 

•^  1  ordered  in 

nish  cars,  it  shall  be  shown  on  the  trial  by  coni])etent  tes-  ^^""^  faith. 

timlonv  that  the  person  a])i)lying  therefor  had  on  hand  at 

the  time  it  became  the  duty  of  the  railroad  under  any  a])- 

])lication  so  made  to  furnisji  the  car  or  cars  required,  the 

kind  of  freight  sjiecified  in  the  application  ready  for  shii> 

ment  in  the  said  car  or  cars,   to  the   pdint  of  destination 

in  the  said  ajiplication  stated. 

Ala.,   102. 


()3.      (25)    T\k'  ])rovisi(invS  of  this  act  iiiav  also  be  en-  who  may 

...  sue. 

forced  by  mandamus  or  mandatory  injunction  on  the  re- 
lation or  suit  of  any  }>arty  affected  by  the  viohition  thereof 
or  at  the,  instance  of  said  Commission. 

()4.     (2(5)  If  aip-  section,  subdivision,  sentence,  clause  or  fiQ^liltv' 
purjxise  of  this  act  is  for  any  reason  liehl  to  be  uncnnstitu- 
ti<inal,    sucli    (h'cisiou    siiali    not    afi'ect    the   \alidily    of  tlie 
remaining  ]Miili<ins  of  the  act. 


60 


RAILROAD  LAWS   OF   WASHINGTON 


REGULATION  OF  FREIGHT   RATES. 


Rates  on 
farm  and 
mill 
products. 


Maximum 
rates. 


Recourse 
to   courts. 


Conformity 
of  rates. 


Chapter  1,  Laws-  of  1893. 

An  Act  regulating  and  fixing  railroad  freight  rates  in  the  Stat? 
of  Washington. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington: 
65.  (1)  'So  individual,  company  or  corporation, 
owning,  operating:,  managing,  or  leasing  any  railroad,  or 
]wrt  of  a  railroad,  in  this  State,  shall  charge  for  or  receive 
a  greater  or  higher  rate  for  cariTing  wheat,  barley,  flour, 
or  other  mill  stuffs,  potatoes,  melons,  or  hay,  than  eighty- 
five  per  centum  of  the  rates  actually  charged  for  carrying 
said  articles  or  coimnodities  on  the  first  day  of  December, 
1890:  Provided,  That  no  greater  rate  than  five  dollars 
($5.00)  a  ton  shall  be  charged  for  carrying  the  articles  or 
commiodities  hereinbefore  enumerated  for  a  haul  of  five 
hundred  miles  or  less. 
Ala.,    80. 

60.  ('2)  The  maximum  rates  of  freights. on  all  railroads 
in  this  State  other  than  on  those  articles  or  commodities 
enumerated  in  section  1  of  this  act  shall  be  the  rates  that 
were  in  existence  on  the  first  day  of  December    1890. 

111.,    49;    Ind.,    49. 

<j7.  (o)  Any  individual,  company  or  corporation,  own- 
ing, o]:)erating,  managing,  or  leasing  any  railroad  in  this 
State,  feeling  that  the  rates  established  by  sections  1  and  2 
of  this  act  arc  unreasonablv  low,  shall  have  recourse  to 
courts  of  coni])etent  jurisdiction,  which  shall  grant  such 
relief  as  may  apynear  just  and  reasonable. 

()8.  (4 )  The  maximum  rates  of  freights  on  all  railroads 
constructed  in  this  State  after  the  first  day  of  D^ember, 
1890,  or  whose  rates  of  freight  may  be  established  after  the 
first  day  of  December,  1890,  shall  be  fixed  as  near  in  con- 


REGULATING  FREIGHT   RATES  61 

fonnity  with  sections  1  and  2  of  this  act  as  may  itc  or  as 
is  practicable. 

69.  (5)  In  no  instance  shall  any  such  individual,  com-  S^'Jompen- 
pany  or  corjxiration,  lessee  or  other  ]x^rson,  charge  or  re-  ^^'^*°"- 
ceive  any  g-reater  rate  of  compensation  for  carrying  freight 
tlian  hereinbefore  provided,  and  any  individual,  company 
or  cor]X)ration,  violating  or  in  any  way  evading  tlie  pro- 
visions of  this  act,  shall  forfeit  all  right  to  recover  or  re- 
ceive any  compensation  whatever  for  the  service  rendered 
wherein  such  violation  is  atteni]ited,  and  every  agent  of  any 
such  corporation,  lessee,  or  other  individual,  o]:>erating  any 
railroad  within  this  State  who'  shall  refuse  to  receive  for 
transpjrtation  over  the  railroad  for  which  he  is  agent,  in 
the  usual  way,  any  of  the  articles  hereinbefore  mentioned 
on  account  of  the  conii>ensation  hereinbefore  prescribed  be- 
ing too  low,  or  receiving  any  such  articles  of  freight,  shall 
charge,  or  attempt  to  char«>'"  for  the  trans]X)rtation  of  the 
same  anv  ffroater  sum  than  heroin  allowed,  or  shall  in  anv 
manner  violate  or  evade  the  nrovisions  of  this  act,  shall  be  Penalty, 
deemed  guilty  of  a  misdemeanor  and,  on  conviction  thereof, 
shall  pay  a  fine  of  not  exceeding  five  hundred  ($.500.00) 
dollars  for  each  and  every  offense,  and  rlic  injured  party 
shall  have  a  right  of  action  against  the  railroad  company, 
or  other  person  operating  the  railroad,  oi"  both,  in  which 
he  shall  be  entitled  to  recover  the  amount  taken  or  received 
from  him  in  excess  of  the  I'ates  ]in'sci'il)ed  hy  this  act,  to- 
gether with  attorneys'  fees  and  costs  (jf  suit.  .Vnd  in  all 
prosecutions  for  violations  of  this  act  by  a^---  -^^rson,  com-  who  may 
pany  or  corporation,  such  ])erson,  company  or  corporation 
making  the  com|)laint  is  autlioi'i/.ed  1o  sue  in  any  court  ot 
com})etent  jurisdiction  in  this  State. 


62 


RAILROAD   LAWS   OF   WASHINGTON 


RAILROAD  FREIGHT  RATES. 


Rates   on 
farm 

products. 


Maximum 
rates. 


Proviso. 


Recourse 
to  courts. 


Maximum 
rates. 


Chapter  85,  Laws  of  1893. 

A.\  Act  regulating  and  fixing  maximum  railroad  freight  rates  In 
the  State  of  Washington,  and  providing  a  penalty  for  viola- 
tion thereof. 

Be  if  enacted  by  tlicLef/isIafure  of  thetitateofWasliinglon: 
To.  (1)  ]!^o  iiulividiial,  eonipain'  or  corporation, 
owiiiiiii',  operating',  managing  or  leasing  any  railroad  or 
part  of  a  railroad  in  this  State,  shall  charge  for  or  receive 
a  greater  or  higher  rate  for  carrying  wheat,  harley,  flour, 
flaxseed,  rye,  or  other  mill  stuffs,  oats,  potatoes  or  hay,  than 
eighty-five  per  centum  of  the  rates  existing  for  carrying 
said  articles  or  commodities  on  the  third  day  of  January, 
1893:  Provided,  That  no  greater  rate  than  four  and 
75-100  dollars  per  ton  shall  \ie  charged  for  carrying  the 
articles  or  oonunodities  hereinbefore  enumerated  in  carload 
lots  for  a  haul  of  five  hundred  miles  or  less. 

71.  (2)  The  maximum  rates  of  freight  on  all  railroads 
in  this  Stat©  other  than  on  those  articles  and  commodities 
cmimerated  in  section  1  of  this  act  shall  he  the  rates  that 
were  in  existence  on  the  third  day  of  Januarv.  1893:  Pro- 
vided, That  this  section  shall  not  apply  in  resjDect  to  rates 
that  were  in  existence  at  the  date  last  named,  m;ade  in  com- 
petition with  transportation  wholly  or  partly  hy  water. 

72.  (3)  Any  individual,  com]>any  or  corporation,  own- 
ing, operating,  managing  or  leasing  any  railroad  in  this 
State  feeling  that  the  rates  established  by  sections  1  and  2 
of  this  act  are  unreasonablv  low,  shall  have  recourse  t<» 
courts  of  competent  jurisdictioii,  which  shall  grant  such  re- 
lief as  may  apjiear  just  and  reasonable. 

73.  (4)  Tlie  maximum  rates  of  freights  on  all  railroads 
(•(instructed  in  tliis  State  after  the  third  day  of  January, 


REGULATING   FREIGHT   RATES  63 

IM»:5.  (.!•  whose  rates  uf  fivii-liL  mav  be  ostahlishcd  after 
ilie  rliird  (lay  of  Janiiarv,  A.  J).  18J)3,  shall  he  fixed  as  near 
in  (•(Hiforiiiity  with  se<'ti(ms  1  and  2  of  this  aet  may  be  or 
as  is  practical)le. 

71.  (  .")  )  In  no  instance  shall  any  individnal,  e4inii)any 
or  eor))oration,  lessee  oi-  othei"  ]>erson,  charge  or  receive 
any  «>reat<'r  rate  of  conijx'iisation  for  carrvin<i-  freii>ht  on 
any  I'ailroad  or  railiviads  in  this  State  than  hereinl>efore 
])ro\'ide(l.  and  any  individnal,  coni]>any  or  cornoration  vio- 
latinii'  or  in  any  way  evadin"'  the  jM-ovisions  of  this  act. 
shall  foi'feit  all  I'iiiht  to'  recover  oi-  receive  ai'^'  coiii]iensa-  Penalty, 
tion  whatever  for  the  services  rendered  wherein  such  viola- 
tion is  attem])ted,  and  every  agent  of  snch  corporation, 
lessee  or  other  individnal  o]K'rating  any  I'ailroad  within  this 
State  who  shall  refnse  to  receive  for  transportation  over 
the  railroad  for  which  he  is  agent,  in  the  nsnal  way,  any 
of  the  articles  hereinhefore  mentioned  on  account  of  tlu' 
coni]>ensatioii  hereiid)efore  ivrescribed  l>eing  too  low,  or 
receiving  any  snch  articles  of  freight,  shall  charge,  or 
attempt  to  charge,  for  the  transportation  of  the  same  any 
greater  snnii  than  herein  allowed,  or  shall  in  any  manner 
violate  or  evade  the  provisions  of  this  act,  shall  he  deemed 
gnilty  of  a  misdemeanor,  and  on  conviction  thereof  shall 
pay  a  hue  of  not  exceeding  live  hnndi-ed  dollars  foi'  each 
and  every  offense,  and  the  injured  party  shall  have  the 
right  of  action  against  the  i'ailroad  company  oi'  other 
]wrson  o|3ierating  the  railroad,  or  both,  in  which  he  shall 
l)e  entitled  to  recover  the  amount  taken  or  I'cceived  from 
hini  in  excess  of  the  rates  prescribed  by  this  act,  together 
with  attorneys'  fees  and  cost  of  suit,  and  in  all  ])ros(>cu- 
tions  for  violation  of  this  act,  by  any  ]K'rso^n,  comi>any  or 
cor]wtration  snch  }x?rson,  company  or  corporation  nniking 
the  complaint  is  authorized  to  sne  in  any  court  of  comi)e- 
tent  jurisdiction  in  this  State. 


64  RAILROAD   LAWS   OF   WASHINGTON 


REGULATLNG  TRANSPORTATION   RATES    ON    RAILROADS 
AND  OTHER  COMMON  CARRIERS. 


Maximum 
rates  on 


Chapter  68,  Laws  of  1897. 

An  Act  regulating  common  carriers,  fixing  maximum  railroad 
freight  rates  in  the  State  of  Washington,  prohibiting  discrimi- 
nation by  lailroad  common  carriers  in  the  matter  of  such  Bates 
and  of  lacilities  for  shipmciiL  and  providing  for  due  •'n- 
forcement  and  observance  of  the  rates  so  fixed,  and  of  the 
regulations  and  prohibitions  nelore  referred  to,  and  providing 
a  method  of  determining  the  reasonableness  of  such  rates  and 
regulations,  and  making  an  appropriation  therefor. 

Be  it  enacted  by  the  Legislature  of  the  State  of  Washington: 
~'k      (1)   Xo    railroad    company    or    other    common 
turai^p'rod-    <'iii"i"i<'i'.  its  agents  or  employes,  doing  business  within  this 
ucts  per       State,  .shall  charge  for  lianling  agricnltnral  products,   as 
defined   in  his   section,    in    carload    lots,   from    one   ix)int 
within  this  State  to  another  |X)int  within  this  State,  at  a 
rate  exceeding  $4.25   jjer  ton  for  a  distance  of  haul  of 
350  miles  or  over;  and  at  a  rate  Cixceeding  90  per  cent, 
of  the  rate  actually  in  effect  on  the  Northern  Pacific  rail- 
way, between  the  same  points  in  the  State  of  Washington, 
on  flanuary  2,  1897,  for  any  di.stancc  within  this  State: 
Provided,  That  no  charge  for  hauling  freight  aforesaid, 
in  carload  lots,  in  this  section  mentioned  shall  exceed  $1,25 
])er  ton  from  any  jwint  within  this  State  to  another  ]X>int 
Agricui-        within   rliis    State.      "Agricultural      ]n*oducts"  mentioned 
ucts  de-        lierein  is  defined  to  he  corn,  grain  of  all  kinds,  flour,  feed, 
mill  stuffs,  flax  seed,  hay  compressed  in  bales,  hops  com- 
pressed in  ]:>ales. 
carload^'"  7(i.      (2)    Xo  raih'oad  company  or  other  common   car- 

rier, its  agents  or  employes,  doing  business  within  the 
State  of  Washington,  shall  charge  for  hauling,  in  car- 
load lots,  fruit  in  boxes,  barrels  or  orates ;  ix)tatoes,  onions 
and  vegetables  of  all  kinds  in  sacks,  l)Oxes  or  barrels; 
and  ('gg<  in  Ixixes,  barrels  or  cases;  and  butter  in  boxes, 


rates. 


REGULATING   FREIGHT   RATES  65 

barrels  or  jmils;  and  cliceso,  talloAV  and  lard  in  bari'els, 
kegs  or  cans;  and  wodl  in  sacks;  from  one  |x>int  within 
this  State  to  anivther  )«)int  within  this  State,  at  a  rate 
exceeding  SO  jx^r  cent,  of  the  rate  cliarg(Hl  l>_v  said  rail- 
road or  carrier  for  hauling  or  carrying  a  like  kind  of 
freight  on  the  second  (hiv  of  January,  1897,  on  the  basis 
of  the  rate  charged  by  tlie  Northern  Pacific  railway  com- 
pany on  the  second  day  of  .lannarv,  1807.  The  said 
companies  and  carriers  shall  be  required  to  receive  and 
transport  any  or  all  the  products  mentioned  in  this  so<^ 
tion  in  mixed  carload  lots  at  the  highest  rate  applicable  t^) 
any  ])r()duct  contained  in  any  such  mixed  carload. 

77.      {'.])    Not  less  than   ten   terns  shall  be  re(]uired   to  ^^/J'^^"^^^^^ 
make  u]»  a  carload  lot,  as  that  term  is  used  in  this  act  : 
l^rortdcd .   That   not   less  than   nine  tons  of  hay   or   wool 
shall  l>e  i"0(iuii'ed  to  make  a  carload. 

7s.  (4)  Any  agent  oi'  employe  of  any  railroad  com-  ffJJation'^or 
])iany  or  other  common  carrier  doing  business  within  the  '"^'asion. 
State  of  Washington,  wlio  shall  \'io]ate  or  evade  any  of 
the  provisions  of  the  forcgoiiiir  sections  of  this  act,  shall 
bo  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  sliall  l)c  ]iainislic(|  hy  a  fine  of  not  less  than  five 
Iiiiiidi'c(|  (lolhii's  nor  moi'c  than  one  lliousaiid  dollars,  or 
jnay  Ix?  im})ris<ined  in  the  county  jail  for  a  jM-riod  of  not 
less  than  six  months  nor  more  than  one  year,  or  both  such 
fine  and  im]>risonm('nt.  and  on  the  trial  of  any  jm^'sou  or 
jX'rsons  accused  uiidci'  tliis  section  of  th(^  ott'cnsc  afoi'i*- 
said,  if  shall  not  be  a  defense  to  such  charge  of  the  viola- 
tion  of  this  section   for  such  ]X'rson   or   ])ersons  to  prove 

that   lie  or  thev  were  instructed  m-  (inlcrcd    to  conimit  the  -Asents"  in- 
structions 
acts    charged    in    the    iiif<iniiation    or    indictment,    by    an  no  defense. 

officer  oi*  agent,   or  employe  ef   the  railroad   (company  or 

other  common  cai'riei-  for  which  he  or  th(\v  were  em])loyed 

at   the   time    the   \iohitiou    charged    in    the    in  t'onuat  ion    <>r 

indictmeait   <jccurr'ed  ;    and    on    sai<l    ti'ial    |ii-o<d"     that     the 

person  accused   in   th<'   infoi-uiat  ion  or   indictment    receixed 

money  or  issued   freiglit    hills  or   receipts   I'er   the   railroad 

—   5 


66  RAILROAD   LAWS   OB^   WASHINGTON 

freight*  °^     r-cinpaiiv   or  otlici'   coniiiKni    carrier    iiioiiridiicd    in    ihc    in- 

prima*^ facie    i"'>l'l":l' '< '"    <""    ilHlictlllcilt    shall     he    jiriin/l    facie     ]iro(if    of 

^^o?.!.,"^        ^^^^  ajiciicv  C'liarsvd  in  the  information  or  indictnicnr.  and 

the  court  shall  so  iiistinict  the  ]nrv  in  such  ease. 

Maximum  _  _        rp,  .  ,.      .    ,  i  i-    .       i       ■        i 

rate  applies       i  •'•      ( •>  )     I  lie  niaxiiuiiin  treiiihr  rates  estal)lislied,  tixeil 

if  shipment  ,  •  i      i     i  i   •  i      ii  i  11  111 

is  over  Mud    |)i'o\-i(le(|    hy    this    act    shall    a])])i_v    \vli(>ther    the   haul 

more  than      ,  , .  '  .  , .  „ 

one  line.         IK?  oA'er  one  line,  or  over  two  or  more  conneetino-  lines  oi 
railroad  or  other  ('(»mmoii  cari'iers;  and  in  cases  where  two 
or  more  connectino-  lines  are  em]tloA-ed  in  the  haul  and  the 
((inqninies  cannot   agree   as   to    the   nr(;];ortionat(^   anionnt 
of  the  rate  in  this  act  fixed  to    he    retained    liv    each    of 
said  coni'panies  for  its  service,  then  either  coni])an_v  may 
commence  an  action  in  the  natnr<'  of  an  action  in  e(|uity 
in  the  superior  court  of  the  comity  in  which  the  point  of 
connection  of  said  coni]ianies  is  made,  against  any   coni- 
pr'oiwrtion''^  ])any   Or   companies   having  connecting   lines   with    it,    to 
tw'o^iines—    deterinine   the   pro^portion   which  each   company   or   other 
how  settled,  ^.^jj^^j^^^^jj  carrier  shall  jnstly  and  e^iuitahly  receive.     Said 
action   shall   he   tried    hy    the   court    without   a   jury,    and 
from  the  judginent   in   said   action  an  appeal  shall  lie  to 
the  Su})reme  Court  of  this  Stat©  as  in  other  cases;  in  any 
such  action  the  cimrt  shall,  hy  its  decree,  fix  the  ]nT)|»r- 
tion   of   the    rate   which   each   connecting'   line    that   is   a 
jiarty  t(!  said   action  is  entitled  to  receive  for  the  trans- 
]>ortation  over  its  line  of  each  of  the  commodities  in  this 
act  named,   and   for  that    i;ur])ose  the  court   may   receive 
evidence  showini>'  the  kind,   character,  nature  and  extent 
<tf  the   se]mrate  service   rendered  hy   each  of   the   parties 
to  the  action  in  the  performance  of  the  joint  service  and 
'.f  any  otJier  fact  essential  to  the  detennination  of  the  rela- 
tive value  of  the  services  rendered  by  each,  in  prG}X)rtion 
to   the    affareaate    amount    allowed    to    1m'    charo-ed   under 
The  jLuig-     '''^"^    '^^'^5    ''"*^    ^"*'^"    ""^^^^    i)ur])ose    the   court    may    take    the 
|^f/jiQ,"5  ''■'' restimoiiy   of  ex])erts.      ddie  judgment   rendered  shall   'd\y- 
?iusiVe*^"'      I'll t ion  to  each  company  or  other  comomn  carrier  a  fair 
to^a^t^oif*'"'"  Pi''n'^''"ti'''i  ""t"  thf'  join^  rate  fixed  hy  this  act;  such  judg- 
conditkjny     "i<'"^^  ■^''""  '"'  "^'  adjudication  and  he  binding  on  all  com- 
ehanged'"'     l-niies  or  othi')-  comuKm  carriers  who  are  made  jiarties  to 


REGULATING  FREIGHT  RATES  67 

sai<I  acridii,  tlicii'  siicccssors  and  assiuiis.  so  loiio-  us  the 
essential  conditifMis  siiri'dimdi""- traftic  on  the  several  roads 
or  trans]K)rtati(»n  lines  of  the  sevei-al  parties  shall  remain 
the  same  as  at  th<'  date  of  said  indii-nient.      In  sneh  action  ^^'\".®''^. 

•'       '^  of  adjusting 

the  ])ro]K)rtion  which  the  length  of  the  liani  by  each  com-  proportion. 
])any  or  connuon  cander  hears  to  the  joint  (diariic  allowed 
\)y  this  act  shall  he  prniifi  facie  e\  idenee  of  the  proportion 
lo  li<i  awarded  each,  and  until  an  adjudication  to  tlie  coii- 
ti'ary,  ea(;h  connectino'  raili'oad  com]>an_v  or  otlier  com- 
mon carrier  doino'  ])Usiness  in  this  State  shall  settle  with 
the  other  railroad  company  or  other  common  carrier  on 
the  l)asis  of  tlie  length  of  the  haid  made  hv  each  in  jier- 
foriuinii'  the  joint  service;  in  such  action  no  other  (pies- 
tion  than  the  a]i]Mirti<inment  <d"  the  raf(^  allowed  to  he 
charoed  hy  this  act  between  the  resjiective  ]iarties  to  said 
action  shall  l)e  raised,  litigated  or  determined.  The  action 
]ii-<ivided  for  hy  this  section  shall  by  any  and  all  courts  be 
h(dd  and  construcMl  to  be  a  s])ecial  action  foi-  the  purp>se 
of  fixing  the  a]>]>ortionment  of  the  rates  in  this  act  allowed 
and  prescribed,  and  for  n*^*  other  ]>ur]>ose  whatever. 

80.      (6)    All    railroad    comivanies    and    otluM'    comimon  Railroad 

companies 

carriers  doing  business  in  the  State  <d'  \Vashin<;ton,  shall,  to  provide 

^        _  _  _  '  _         ample  facili- 

accordine'  to  their  respective  ixtwer,  nrovide  at  the  nnint  ties  for 

^  ^  ^  \  ...  .  transferrmg 

of  connection,  intersection  or  bisection  in  this  kState.  ami)le  and  trans- 

'  '         porting 

facilities   for  transfei'i'ing  cars   or   freight   from    the    line  ffp'sht. 

or  tracks  of  any  other  railroad   or  otlier  common   carrier 

to  those  of  any   other   railroad  (jr  other  common  carrier, 

wliose   line   of   road    or    ti'ans])ortation    line   may   connect, 

intei'seet  oi'  bisect   with   their  own,  and   for  I'eceiving  such 

(•ai'>   and    freight    from    other   connecting,    intersecting   or 

bisecting  lines,  and  foi'warding  the  same  on  to  their  <u'  its 

destination,    without    breakin."'    bulk    if   ]N)ssible.    and    for 

transferring,  re<'eiving  and  forwai'ding  all  freights  in  less 

than  carload  lots  intended  for  continuous  shijinient.  and  it 

shall  Ik*  the  dutv  of  such  railroad  and  other  common  car-  As  to 

T  '  /•  •  1     (■  11111   ti'a'isfer. 

rier  lines  to  so  transfer,   receive  and   torward   the   loaded 

cars  of  either  without   breaking  bulk   if  |K)ssible,    and    to 

rec(dve,  transfer"  and   forward  carload  h^ts  of  all   freights 


68  RAILROAD   LAWS   OP  WASHINGTON 

iiit('ii<lctl  for  eoiitiimous  sbipiiieiit  for  its  proportion  of  the 
joint  charg-e  in  tliis  act  provided  far,  and  to  receive,  trans- 
fer and  foi*ward  all  other  freights  intended  for  continuous 
shipmen't  in  less  than   carload  lots  for  its  projX)rtion   of 

Connecting    ^j^^  joint  charge  herein  in  this  act  provided  for.     But  anv 
Ime  may  .10  1 

prepayment  ^^^*^*^'  ^'^il^'^^^^  company  or  other  common  carrier  receiving 
when.  parg  Q.J.  freight  from   a  connecting  line  to  be  forwarded 

over  its  line,  shall  be  entitled,  if  it  so  demand,  except  in 
the  cases  hereinafter  provided  for,  to  have  its  proportion 
of  the  charge  for  the  joint  sendee  to  be  rendered  liy  it 
prepaid  before  accepting  such  cars  or  freight,  and  in  such 
cases  the  line  oflFering  such  cars  or  freight  shall  pay  the 
sum  demanded,  and  to  enable  the  latter  company  or  line 
so  to  do,  it  may,  except  in  the  cases  hereinafter  provided, 
require  the  prepayment  of  the  amount  hereby  in  this  act 
permitted  to  be  charged  for  the  entire  haul  or  carriage: 
d^rovided,  That  nothing  contained  in  this  act  shall  require 
any  railroad  company  or  common  carrier  to  deliver  any 
freight  to  a  competing  line  to  be  hauled  to  the  point  of 
destination  when  the  carrier  receiving  such  freight  is  able 
to  haul  or  ca\ise  the  same  to  bo  hauled  at  tlie  same  rate 
over  its  own  line,  or  lino  or  lines  connecting  by  trattic 
agreement. 

Connecting-       ^^^^      t^\    ^Yny  railroad  companv  (n-  other  commou  eav- 
line  re-  \     /  ,/  i       „ 

acc'ei^  *°  rier,  doing  business  in  tliis  State,  which  shall  refuse  to 
shau'^be  receive  from  a  connecting  line  loaded  cars  or  freight  in 
damages'"  carload  lots,  or  loaded  cars  or  freight  in  less  than  carload 
lots,  intended  for  transportation  as  a  continuous  shipment 
from  one  point  within  this  State  to  another  point  within 
this  State  by  means  in  part  of  the  line  of  the  said  railroad 
company  or  other  coinmon  carriers  contrary  to  the  pro- 
visions of  this  act,  or  which  shall  require  the  prepayment 
of  a  higher  ])r(q)ortionate  rate  than  the  rates  ]>rovided  in 
riiis  act  on  such  cars  or  freight  before  it  will  receive  the 
same,  shall  be  liable  to  any  person  injured  by  such  wrong- 
ful action  for  all  damages  thereby  inflicted  upon  the  party 
so  injui'cd,  recoverable  in  the  superior  courts  of  this  State 
in  the  countv  where  said  refusal  to  receive  cars  or  freiyht 


REGULATING   FREIGHT  RATES  Q\) 

shall  have  occurred;  and  in  said  action  the  court  shall 
iiixm  a  recovei-y  in  favor  of  the  plaintiff  in  said  action 
alltiw  said  plaintitl'  a  reasonable  attorney's  fee  in  said 
action,  to  be  taxed  as  a  part  of  the  costs  of  said  action. 

x-2.  (8)  It  shall  be  unlawful  for  any  railroad  com2>any  Same, 
or  (ither  common  carrier  doing  business  in  this  State, 
having-  traffic  arrangement  with  another  company  or  com- 
mon carrier  whereby  charge.-  for  a  continuous  hanl  or 
carriage  is  collected  at  the  jioint  of  destination  and  ac- 
counted for  by  the  railroad  company  or  tither  connnon 
carrier  collecting  the  same,  witli  intent  to  ann(y  and 
harass  the  shi]>pei'  or  the  other  company  or  common  car- 
rier, or  tO'  obstruct  the  o])eration  of  this  act,  to  refuse 
to  receive  cars  loaded  with  valuable  articles,  or  to  refuse 
to  receive  valuable  freight  in  less  than  carload  lots  without 
prepayment,  with  intent  to  annoy  and  harass  the  sliii>per 
or  the  other  company  or  comuKm  carrier,  or,  with  like 
intciiT,  to  require  ]M'e])aym('iit  from  the  shipper  of  such 
arti(des.  Any  railroad  company  or  other  common  carrier  Penalty, 
doing  business  in  this  State  violating  any  of  tlu^  ])rovi- 
si<»ns  of  this  section  shall  for  each  such  violation  forfeit 
uiir<i  rhc  State  of  Washiugtou  the  sum  of  $1,000,  to  be 
recovered  in  the  superior  court  of  the  county  in  which  the 
violation  occurred,  and  in  ^uch  action  jM'oof  that  either 
of  the  companies  or  otiicr  common  carriers  has  within  three 
nionThs  ])i'ior  to  such  \'iohition  collected  and  accouutcMl  to 
the  other  company  or  common  carrier  for  freight  carried 
by  the  joint  service  of  both  companies  or  common  carriers 
shall  be  pi-iwa  facie  evidence  of  the  traffic  arrangement  in 
this  act  desienatc(l.     The  several   i>ros<>cutin<>'  attornevs  of  Duty  of 

•^  '  '^  •  prosecuting 

the  several  (counties  of  this  State  are  em])ower(>d  and  it  attorney, 
shall  be  their  duty  to  bring  an  action  in  tlie  name  af  and 
in  behalf  of  the  State  of  Washington,  and  against  any 
railroad  company  or  otlici-  common  cari'iei"  \iohiting  any 
of  the  pntvisions  of  this  section,  to  r('<'over  the  p<'nahy 
h-erein  forfeitecl  to  the  State  of  Washington. 

s;;.      (!i)   It  shall  be  uidawful  for  any  I'ailroad  .-onipany  fo'lfg^haul. 
or  nther  common  cai'rier  doin^'  business   in   liiis   Slate,   its 


70  RAILROAD   LAWS  OF   WASHINGTON 

agents  or  oni])l()_ves,  to  cliarge  or  receive  any  aroater  coni- 
]>ensati()n  for  the  trans]>()rtatiiin  of  like  kind  nr  class  (ir 
quantity  of  freight  for  a  shorter  than  for  a  longer  dis- 
tance over  the  same  line,  the  shorter  being  inchided  in  the 
longer  distance;  but  this  shall  not  be  construed  as  autlmr- 
izing  snch  i-ailroad  coni]>an_v  (ir  (ither  connnon  carrier,  its 
agents  or  employes,  to  charge  or  receive  any  rates  greater 
than  those  allowed  and  fixed  by  the  provisions  of  sections 
1  and2  of  this  act. 
Unlawful  84.      (10)    It  shall  be  unlawful  for  anv  railroad  cnn- 

to  give  ■'  ■  _ 

preference     panv  or  Other  common  carrier  doino-  business  in  this  State, 

or  advan-       ir       i-  f^  ' 

^^»^-  its  agents  or  employes,  on  business  wholly  within  this  S.ate, 

to  make  or  give  any  unequal  or  unreasonable  preference  or 
advantage  to  any  ]>articular  ])erson  or  |)ersons  or  company 
or  corparation  or  co-partnership  or  locality,  or  to  any 
particular  description  of  traffic  in  any  res|>ect  whatever,  or 
to  subject  any  person  or  |)ersons  or  cor jw ration  or  com- 
pany or  co-partnership  or  locality,  (u-  any  |)articular  de- 
scription, of  traffic  to  any  unequal  or  unreasonable  ])reju- 
dices  or  disadvantages  in  any  res]iect  whatever,  and  e\'ery 
railroad  com])any  or  other  common  carrier  doiny  bnsiness 
in  this  State,  which  permits  anv  person  or  ]>ersO'ns  or  C(tm- 
pany  or  cor|X)ration  or  any  locality  in  this  State  to  connect 

Side-track  .^  ^jj^  track  with  its  track  or  line  of  transportation  for  the 
facilities  1 

to  be  'm-       accommodation  of  anv  mine  or  warehouse  or  elevator  or 

r>.-irtially 

accorded.  j^in  qj.  manufactory,  shall  accord  the  same  right  on  the 
same  terms  to  every  other  person  or  company  or  ctn'jKira- 
tion  or  co-partnership  anywhere  on  its  line  in  this  State  so- 
liciting such  right  or  privilege  ;  this  right  shall  1)0  coinpelled 
by  the  courts  of  this  State  bv  the  writ  of  mandate  at  the 
suit  of  any  person  or  persons  entitled  to  such  right  under 
this  act:  Provided.  That  nothing  herein  contained  shall 
prevent  the  classificati(m  of  freight,  as  to  kind,  vabu^  and 
quality  and  the  basing  of  rates  thereon. 
U)"exait'  •'^•"»-      <^1^    Tt  shall  be  unlawful  for  any  railroad  com- 

comrac7^  pany  or  other  common  carrier  doing  business  within  this 
pen'auies  State,  its  agents  or  employes,  to  require  or  exact  from  any 
of  this  act.   j3^j.gQj^  Q,j.  j>ersons  or  any  company  or  any  corporation  or 


REGULATING  FREIGHT  RATES  71 

C'0-]jartiu'vslii])  on  fi'ciuht  tciidorod  to  it  t(»  1)0  ciirricd 
wholly  within  this  State,  any  release  of  any  of  the  penal- 
tics  ]>rovide(l  hy  this  act,  or  of  any  of  the  rig'hts  atfonled 
ly  tliis  act,  or  to  exact  or  acce])t  or  receive  any  contract 
waiving-  any  of  the  ])enalties  or  rights  iixed  and  provided 
l)y  this  act,  and  if  any  i'ailroa<l  (*(iini)any  oi'  other  comnion 
carriei",  its  agents  or  eni])loy<'s,  as  lo  sneh  ficight  afore- 
said, shall  refnse  to  rectnve  the  same  for  cari'iage  exce])t 
such  release  or  contract  he  exirnted,  such  railroad  or  eoin- 
nion  carrier,  its  agents  and  emjvhyes,  shall  he  deemed  and 
lield  to  have  refused  to<  have  rt'ceived  such  freight  for  car- 
riage within  tlie  provisions  of  tliis  act,  and  anv  sncli  re- 
lease or  c(»nti"aet  in  whatsoever  form  the  same  may  \x'  or 
ap]x^ar  shall  be  wholly  nnll  and  void  and  shall  not  l>e  |)er- 
mitted  to  be  plead  or  set  up  by  way  of  defense  or  in  any 
other  manner  to  any  suit  <ir  criminal  ]>roee(hire  authorized 
by  this  act  or  otherwise. 

S(j.      {  1  2  )    Anv  agent  or  emphye  of  any   raili'oad  cmn- 
pany  or  other  connnon  carrier  doing  business  in  this  State, 
who  shall  violate  any  of  th(>  ])i'ovisi(ms  of  s(x'tions   10  or  ^^"^tin/^^ 
11  of  this  act,  shall,  for  each  and  every  violation  be  deemed  ^Ji^^^j^^^f^g 
guilty  of  a  misdemeanor,  aud  upon  conviction  thei-eof  shall  ^^  ^"^  -'^• 
l)e  punished  by  a  fine  of  not  less  than  ti\"e  hundred  dollars 
nor  more  than  one  thousand  <lollars,  oi-  may  he  im])risoned 
in  the  county  jail  foi'  a  ]K'rio(l  of  not   less  than  <ix  months 
nor  more  than  one  yeai",   or  hotli   such    tine  and    inijiirison- 
ment.      And  on  the  trial  of  any  agent   oi'  eni])loye  accused  tj,','||g"j'o 
under  eithei"  of  said  si^-tions  for  the  ofl'en^e  aforesaid,   it  ti'efens^e."° 
shall    not   he  a   defense  to  such   charge  <d'   the  \iol:iii(.n   of 
this  section  foi-  such  accused   person  to  pro\c  that   he  was 
instrncted  or  ordere(l  to  coninii'    the  xiohition   <it   said   sec- 
tions, or  either  <d'  them,  charged   in   the  int'orniat  ion  or  in- 
dictment filed  against  him.  hy  an  officer  or  agent  (U'em]il(ye 
of  the  raili'oad  cmnpany  oi'  ol  her  connnon  cnrriei-  for  which 
he   was   em])|i;ye(l    at    the   time   the   xiohitiou    aforesaid   oc- 
cui'i'e<l,    and    on    said    ti'ial    ].root'   thai    the    person    accused 
re('ei\'ed   money  <ir  issued    freigh:    liills  or   I'eveijits  lor   the 
raili'oad  compaii\-  or  (  tlier  c.immoii  carriers   mentioned    in 


72 


RAILROAD   LAWS  OF   WASHINGTON 


Shippers 
may  re 
plevin 
goods  on 
which 
freight 
is  over- 
charged. 


Manner  oj 
procedure. 


the  iiifoniiatioii  or  iii(lictinoiit,  shall  l)e  pi-inia  facie  i)nx>f 
of  the  a^-cncy  of  the  accused  as  charged  in  the  informa- 
tion or  indictment,  and  the  court  shall  so  instniet  the  jurv 
before  whom  said  accused  person  shall  be  tried. 

s7.  (13)  Any  person  or  persons  or  firm  r)r  company 
or  corjx) ration  or  co-partnershi}>,  whose  property  is  with- 
held by  any  railroad  company  or  other  common  carrier 
doing'  business  in  this  State  for  the  purpose  of  compelling 

.  the  iwymont  of  a  larger  sum  for  the  trans])ortation  of  the 
same  than  is  established  or  fixed  by  this  act,  or  any  other 
unla^\^ul  purpose  as  defined  in  this  act,  upon  tendering 
(which  tender  must  be  kept  good)  unto  sucli  railroad  or 
other  connnon  carrier  the  projx'r  sum  as  fixed  by  this  act 
for  such  transportatiou,  may  maintain  an  action  in  the 
sui>erior  courts  of  this  State,  in  the  nature  of  an  action  in 
replevin  for  the  recovery  of  the  ]iossession  of  such  proi> 
erty  ;  the  piroceedings,  pleadings  and  practice  in  said  action 
shall  be  in  all  respects,  'so  far  as  possible,  like  actions  of 
replevin  or  claim  and  delivery  in  this  State ;  the  condi- 
tions of  the  bond  given  in  such  case  shall,  in  addition  to 
the  conditions  contained  in  bonds  in  actions  of  replevin  or 
claim  and  deliverv.  contain  the  condition  that  the  plaintifl:' 
will  pay  whatsoevei-  sum  may  1)0  due  to  defendant  for 
freight  charges  on  account  of  the  transportation  of  such 
pro|>erty.  A  writ  shall  issue  as  in  cases  of  replevin  or 
claim  and  (h'livery  in  this  State,  and  the  officer  executing 
the  writ  provid(N]  in  ihis  section  sliall  seize  the  ]n-(i]>erty 
wherever  fonixl  within  liis  county,  and  for  that  ])ur]>ose,  if 
it  shall  Ik>  concealed  or  enclosed  in  any  depot,  warehouse 
or  other  buihling,  or  in  any  railroad  car,  he  shall  have  the 
right,  and  it  shall  he  his  (lut\-  wlienev(M'  necessary,  to  break 
and  open  any  se^d.  lock  oi-  door  in  order  to  take  possession 
.if  the  ]M'o|U'i'ty   ill   eonfoniiity  with   rlie  directions  of  tlie 

•  writ.  In  such  aetimi  The  defeiidant  shall  not  have  the  right 
to  "ix'e  a  i'ed<'li\-erv  hoiid  or  anotlier  liond  and  have  the 
))r<>perty  I'etiiriied  to  it,  nor  shall  said  defendant  hixve  the 
rigiit  to  have  or  take  (^tlicr  ])rocess  and  have  such  ]*roperty 
returned  to  it.     In  anv  such  action  the  court  shall  tax  as  a 


REGULATING  FREIGHT   RATES  73 

}>aii  of  the  costs  of  the  case,  if  the  phiintiff  is  successful, 
a  I'easduable  attoruey's  fee. 

>>^.      (14)    In    all    actions   hctwecn    private   ])ai-ties   i^^d  ^^^f^'^^ 
railroad  companies  or  other  coninioii  cai-ricrs  (loini>- business  by^^this^act 
in  this  State,  brought  under  this  act,  tlie  rates  prescribed  conc?usive 
an.l  tixcd  l.v  tliis  act  shall  be  held  concdusive  and  .h'enied  ^e'k'l.Se!^ 
and  accepted  to  be  fair,  reasonalde  and  jitst,  and  in  such 
res^K'cts   shall    not    be  controverted    therein,    nntil   finally 
found  <itherwise  in   a  direct  action  lyrought  for  that   piii- 
pose  in  tlie  manner  in  this  act  luMvinafter  ]>rescribe(l  an<l 
fixed. 

.*^0.      (15)    If  an\-    raili'oad  companv  or  .other  common  Any  com- 

^  ■  I        ■  pany  ais- 

carrier  mentioned  in  this  act  shall  be  dissatisfied  with  the  satisfied 

may  file 

rates  fixed  by  tbis  act,  or  with  tlie  other  provisions  of  ihi:;  complaint, 
act  wherebv  rates  may  be  determined,  and  shall  claim  that 
ti-<'  same  are  unreasonable,  such  dissatisfied  c/>mpany  or 
common  carrier  may  file  a  com])laint  in  the  naiurc  ef  a 
!)jl!  in  ('(juity  setting  forth  the  cause^  of  objt'cti  m  to  said 
schedule  of  rates  or  other  ])rovisions  concerning  rates,  in 
the  superior  court  of  Thurston  county.  State  of  Wash- 
ington, naming  itself  as  ])laintifi"  an<l  tlie  State  of  Wash- 
ington as  d(d'end;int ;  and  for  tlic  ]>urpi)se  of  such  suit  in 
snch  court  and  for  ihc  ])ur]M)So  of  the  other  suits  men- 
tioned in  this  act  and  not  otherwise,  the  State  of  Wash- 
ington, consents  that  it  nuiy  sue  and  be  sncil.  Process  in  rrotediuv. 
said  action  sliall  consist  (d"  a  summons  in  tlic  usual  i'onii 
and  a  certitied  copy  of  the  complaint  and  shall  be  ^crvc(l 
n])ion  tlie  Attorney  Geiu^ral  of  the  State.  Said  action  sliall 
have  ju'eeedence  o\-cr  all  otber  cases  of  ditl'erent  nature, 
and  sliall  Ive  tric(l  and  (Ictcrmined  as  other  ('(piilable  causes 
in  said  c(;ui't.  The  Att<irney  (ienei'al  shall  appear  and  an- 
swer, or  othrwies-^  'jlead  to^  said  eoiuplaint,  within  twenty 
davs  after  service  of  i)rocess  iiiioii    him.       The  complaint  Complaint 

'  '  'to  contain. 

shall  set  forth  the  present  value,  or  what  the  railroad  could 
be  built  and  e(piipped  foi'  at  tli<'  time  of  suit,  res])ective 
co>t  ot' the  construction  and  e(piipmeiil  of  the  line  of  plain- 
tifi">  railroad  or  other  coniiiion  carrier:  the  present  coiidi- 


Cost   of 
const  I'ue- 
tion. 


Capital 
stock. 


Gross   and 
net  earn- 
ings. 


Operatni? 
expenses. 


71  RAILROAD   LAWS   OF   WASHINGTON 

rioii  of  the  line  iiiid  its  (■(luiiniiciits ;  the  ('.stiiiiat<Ml  Cdst  of 

<lii|ilic;itiiii:'  sucli  line  ami  (M|iii]iiii('iits  in  their  present  eoii- 

Mortgaged     dition    at    the    i  resent    time;    the   extent   of   its    mortiiaiied 
debt.  '  '^   i^ 

(leht,  if  any,  with  tlie  I'ate  of  interest  thereon;  how  and 
when  and  for  what  pnrjiosc  sneh  iiuk'htedness  was  con- 
traet<Ml;  tlie  anionnl  of  its  eapital  stock,  and  whether  fnllv 
or  partially,  oi'  at  all,  ])aid  n]ii,  and  if  so,  how  and  whether 
at  ]kar,  or  otlierwise,  and  if  otherwise,  at  what  rate,  and 
whether  sneh  stock  is  eommon  or  ];referretl,  and  if  so,  how 
mineh  of  eaeh.  and  tlie  terms  np<in  which  it  was  issued,  and 
wliat,  if  anything,  was  paid  therefor;  its  gross  and  net 
('aminos  for  ten  years  last  ])iast,  if  it  has  l>een  in  o])eration 
for  that  length  (d"  time,  and  if  not,  for  such  length  of  time 
as  it  has  heen  in  o])eration  ;  the  items  which  constitute  and 
which  have  constituted  its  oi>erating  expenses,  and  par- 
ticularly the  salaries  paid  to  its  officers  ami  employes, 
giving  the  salaries  of  all   its  superior  officers   in   detail; 

or*^state™^"*^^^^^^^^^^^' ''^^*^  ^'^^^^'  ^^'"^^  received  State  or  government  aid,  and 
^^^'  if  so,  to  what  extent,  and  how  fully  it  has  ]i.i'ofited  by  the 

same,  and  whetlier  any  ]X)rtion  of  the  grant  yet  remains 
to  it,  and  the  \'alne  of  the  same,  and  <d'  what  it  consists; 
the  extent  to  which  it  has  gone  into  delit  for  terminal  facil- 
ities at  diflVrent  ])oints  on  its  line  or  connections,  and  to 
what  extent  sneh  facilities  have  enhanced  the  value  of  its 
]n"o]>erties  ;  to  what  extent  its  ])resent  indebtedness  is  for 
betterments  to  the  enhancement  of  the  value  of  the  |)ro|>- 
Totai  ton-     (.yfy  thereof;  the  total  tonna.o(>  of  merchandise  transiiorted 

nage   tor  •  ' 

each  of         ijy  j|-  f,,,.  (.;,cli  vear  durino-  the  last  live  vears;  the  rate  per 

last  five  .  .  .-^  .  1 

years.  i,,,,  p,(.,.  ||,i](.  which  it  has  received  for  trans]wn'ting  freight 

on  the  entire  line  of  its  road  for  each  year  during  the  last 

from'wash-  h\-eyeai's;  the  portion  (d'  its  gross  and  net  earnings  during 

no^s°'for'^'"  each  ai'  said  years  (leri\-ed  from  tlu'  transjiortation  of  ]>er- 

same   ime.     j^,,,,^  .,,,,|  piMipci'ty  fr<im  points  in  the  State  of  Washington 

to  other  ])oints  in   the  State  (d"  Washington;   the   number 

of  passengers  eari'ied   by   it  for  each  year  of  the  last  five 

years  over  its  whole  line,  and  at  what  rate  ])er  mile  the 

same  hav(^  been  carried,  and  the  number  carried  by  it  for 

each  vear  of  the  last  h've  vears  over  its  whole  lin(\  and  at 


REGULATING   FREIGHT  RATES  75 

wliat  rate  ]!<'V  mile  the  same  have  been  carried,  and  the 
iiiiinber  eari'ied  hy  it  for  eaeli  of  sneh  years  wliolly  witliin 
the  State  of  Washington,  and  at  what  rate  ])er  mile  the 

11  -11  ,-1  •  •  Tj-     Engineer- 

same  have  lieen  carried  ;  tlie  natnre  of  the  engineering  dit-  ing  difficui- 

ficnlties  encountered  in  hnilding-  its  road  ;  the  extent  of  its 
grades,  and  all  otlier  conditions  tending-  to  make  o|]eration 
lucrative  or  the  revers<'.  And  of  it  be  a  line  of  transporta- 
tion extending  hoyond  the  limits  of  this  State,  said  com- 
plaint shall  contain  a  fair  stat(Miieiit  <d'  the  ditticnlties  of 
constniotion  and  operation  on  its  several  ])a,i't.s,  so  that  the 
bnsiness  of  o]x^rating  the  line  in  the  State  may  be  com- 
pared with  its  o])eratinn  of  its  line  outside  the  State.  And  faf/|acts^^" 
the  said  comidaiiit  shall  state  fully  and  in  <lctail  all  the  [flJow^"" 
facts  relied  on  as  establishing  the  unreasonableness  of  rates  sonabie.'^^^" 
tixed  by  this  act.  And  said  com]>laint  shall  also  state  what 
is  a  reasonable  rate  to  be  charged  for  hauling  or  carrying 
the  several  kinds  of  freight  mentioned  in  this  act  for  the 
several  distances  mentioned  in  this  act,  which  is  alleged  in 
said  complaint  to  lie  unreasonable,  unfair  or  unjust ;  that 
the  stateinent  of  the  facts  required  in  such  complaint  shall 
l)e  by  scIumIuIc  as  far  as  ))ossil)le,  for  convenience  of  refer- 
ence. In  addition  to  such  conqdaint  such  raili'oad  com-  particulars 
pany  or  other  com.nipn  carirer  shall,  at  the  time  of  tiling 
said  complaint, file  therewith  a  hill  <d'  parricnlars, itemizing 
as  iicai'  as  may  l>e  the  se\-cral  amounts  and  facts  and  aggre- 
gate of  tigiires  given  in  the  complaint,  and  contain  a  refer- 
ence to  any  and  all  books  of  the  coni]iany,  and  to  any  and 
all  vouchers  or  ]>apers  of  the  cnnipany  from  which  the 
same  ap-jM'ar.  and  contain  also  a  statement  as  to  what 
officer  or  officers  ha\c  jiossession  of  said  books,  vouchers 
and  ]ia]x'rs.  an<l  in  what  ])lace  the  same  then  aic.  and  also 
a  statcnicnt  as  to  what  otlicci-  oi-  olHcers,  ami  each  and  cxcry 
one  id'  tlicni,  has  knowlcilgc  cd'  tlie  facts  stated  therein  and 
in  the  com])laint,  and  from  whom  the  same  was  dcrixid  t.u- 
the  ])ur]>ose  (d"  drawing  such  com])laint  and  bill  of  particu- 
lars. The  answer  of  the  AttonKW  (Jeneral  shall  be  in  the  Answer, 
usual  form  <d'  answers  in  an  e(|uitahlc  action  in  tin's  State, 
and  shall  contain  cither  an  admission  (U-  an  express  denial 


76  RAILROAD   LAWS   OF   WASHINGTON 

or  a  denial  on  information  and  belief,  as  required  by  the 
code  of  this  State,  of  each  and  everv  one  of  the  matters  and 
ihings  in  the  complaint  alleged,  and  mav,  in  addition  there- 
to, set  up  any  further  or  atiirmative  defense  which  by  the 
code  of  this  State  and  the  rules  of  practice  and  pleading  ap-, 
plieable  to  such  action  it  may  be  essential  to  plead  affirma- 
tively in  order  to  nud-ce  proof  of.     And  the  plaintiff  shall 

Reply.  ha\'e  the  right  to  reply  to  such  affirmative  matter  as  in 

otluM'  like  cases.  On  the  trial  of  said  cause  the  court  shall 
take  judicial  notice  of  all  the  re}X)rts  published  by  au- 
thority of  any  state  or  any  government  concerning  the 
reguhition  of  any  railroad  freight  rates  or  other  common 
carrier,  and  of  all  recogaiized  works  dealing  with  railroad 
construtcion,  management  or  ojDeration,  and  the  facts  stated 
in  such  rejXJrts  and  statistical  works  shall,  for  the  pur|X)se 

sit  at\riai.  *d"  said  trial,  be  taken  to  be  iw'wia  facie  correct.  The  judge 
of  the  su})erior  court  of  Thurston  county  shall  sit  in  the 
trial  of  said  cause,  and  it  shall  be  his  duty  to  invite  not 
more  than  eight  of  the  superior  judges  of  the  other 
^  counties  in  this  State  to  sit  with  him  and  assist  in  the 
determination  of  said  cause,  and  it  shall  be  the  duty  of  the 
judges  so  invited  to  so  sit,  and  the  decision  of  the  cause 
and  of  the  several  questions  which  may  arise  in  the  trial 
of  the  cause  shall  be  determined  by  a  majority  vote  of  the 
members  of  the  said  court,  and,  in  case  of  a  tie,  the  de- 
termining vote  shall  b^  cast  by  the  superior  judge  of 
Thurston  county  then  presiding  in  the  equity  department. 
If  any  of  the  judges  so  invited  should  be  unable  to  come, 
or  for  any  reason  should  not  l>e  present,  the  cause  shall 
pnx'ced  before  the  remainder  of  the  judges  constituting 

Judgrment.  said  court.  The  court  shall  determine  and  decree  whether 
the  rates  fixed  by  this  act  are  i"easonable  or  unreasonable  in 
whole  or  in  part,  liaving  due  regard  to  the  principles  of 
law  for  the  determniation  of  such  issue,  and  if  such  rates 
be  found  to  be  unreasonable  in  whole  or  in  part,  shall  so 
pronounce  and  render  judgment  acocrdingly,  which  judg- 
ment shall  bind  the  State  and  all  litigants  in  its  coui-ts  at- 
tem]>ting  to  take  advantage  of  the  })rovisions  of  this  act. 


REGULATING   FREIGHT   RATES  77 

If  the  (•(•ui't.  slidiild  (IcKM'miiio  that  the  rates  so  fixed  are 

reasonable,   tliev   shall  so  (letenuine  and   adjudge,   which 

judgment  shall  \ye  binding  upon  all  litigants  in  all  courts, 

in  all  litigation  arising  under  the  provisions  of  this  act, 

until  the  same  shall  be  reversed  or  set  aside.     Either  party 

may  appeal  to  the  Supreme  Court  of  the  State  in  the  same  Appeal. 

manner  and  by  the  same  procedure  that  other  actions  in 

equity  are  apj>ealed  thereto  under  the  laws  of  this  State. 

All  the  evideince  and  proceedings  before  the  sujjierior  court 

shall  l)e  certified  in  the  record  to  the  Supreme  (Vmrt,  and 

that  court  shall  hear  and  decide  the  cause  de  novo  both  ■ 

under  the  law  and  ui)<)n  the  facts,  and  said  action  so  ai> 

l>ealed  shall  have  pirecedence  in  said  court  of  all  cases  of 

a  diti^erent  character  jK-nding  therein,   and  shall  l)e  there 

sjDeedily   heard   under   such   direction    as  to  the  filing  of 

briefs  therein  as  the  court  uuiy  nuike.      In  all  trials  under 

this  section  the  hui'tlcn  of  nvocif  shall  rest  niHUi  iIk'  i)lain-  Burden  of 

1  I  1  proof  upon 

tiff,  who  must  show  and   })rove  by  clear  and  satisfactory  P'amtiff. 
evidence  that  the  rates  or  ])rovisions  concerning  rates  com- 
plained of  are  unreasonalilc  and  unjust  to  it  or  them. 

DO.     ( 10  )  Two  or  more  I'ailroad  companies  or  other  com-  interested 
'^        '  J  companies 

UHiu  carriers  may  join  as  ])arties  plaintifi"  in  the  aftioii  ^^pi^^n"  ^^ 
]>i-ovided  for  in  section  17  [15]  of  this  act,  and  in  any  ^''^^• 
such  action  the  State  of  Washington  shall  be  the  sole  jiarty 
def<>ndant.  After  any  such  action  shall  he  coiniiicuccd 
by  any  railroa<l  (•<)ni])aiiy  or  other  coiinnon  cai-rier  as  pro- 
vided in  said  section  17  |  1 "»  |  any  other  raili'oad  comjiany 
or  coninion  cariMcr  iiitci'i'stcd  inay  coiiic  in  and  join 
as  co-])laiMtitl"  with  >\u-\\  coniiiany  oi-  companies  oi-  coninion 
carrier  or  common  can-iers.  in  evei'v  case  where  two  or 
more  railroad  companies  or  othei'  common  carriers  join 
as  ])laintifl^s  originally,  or  where  one  or  uioi'c  railroad  oom- 
paiiies  or  oIIkt  comnion  cai'iici-  shall  I  licrca  I'ici'  conic  in 
as  c<:)-p'Iaintifi",  each  railroad  company  or  other  common 
carrier  shall  file  its  separate  com]>laint  as  lici'cinhcfore  in 
this  act  provided,  ami  the  i-ights  (d'  each  railroad  company 
or  other  c<»mnion  cai'i'ici- shall  he  separately  consiilei'e(l  and 


78 


RAILROAD   LAWS   OF    WASHINGTON 


Attorney 
General 
may   empid 
special 
counsel. 


Appropri- 
ation for 
same. 


Effect  of 
judicial 
decision 
upon   this 
act. 


adjudicated  in  siicli  proceeding-:  Piorided,  howerer.  That 
under  no  cireinnstance«  shall  there  Ire  any  other  }>erson  or 
persons,  firm,  company,  co-])artnership  or  cor}X)ration 
joined  as  co-defendant  with  the  State  of  Washington,  hut 
ill  all  |)rocee<lings  or  suits  under  said  section  IT  |  15]  the 
State  of  Washington  shall  Ix-i  the  sole  defendant. 

'.'1.  (  17)  Wliene\-er  any  action  shall  be  brought  by  any 
•''railroad  comjiaiiv  <ir  otluM'  coiiioiiin  carrier  against  the 
State  of  Washington  under  the  ]>rovision  of  and  for  any 
of  the  purposes  mentioned  in  section  17  [1^)]  of  this  act, 
the  Attorney  General  of  the  State  of  Washington,  if  he 
shall  deem  it  necessary,  shall  employ  in  behalf  of  and  at 
the  expense  of  this  State  special  counsel  to  assist  in  de- 
fending said  action  or  actions,  and  all  such  litigation  shall 
be  under  the  control  and  management  of  said  Attorney 
General  and  said  special  counsel,  and  for  the  purpose  of 
] laying  said  s])ecial  counsel  there  is  hereby  a]>pirop"iated 
of  the  moneys  in  the  State  treasiiry  of  the  State  of  Wash- 
ington not  othei"Avise  appropriated  the  sum  of  five  thous- 
and dollars,  to  l)e  used  in  the  ]>ayment  of  the  said  special 
coinisel,  or  so  much  thereof  as  nuiy  be  necessai'v.  iVnd 
the  further  sum  of  three  thousand  dollars,  or  so  nmch 
thereof  as  shall  be  necessary,  is  hereby  ap})ro];>riated  to  iiay 
for  necessary  witness  fees  of  witnesses  required  by  the 
State  in  the  defense  of  any  such  actions.  All  bills  for  which 
ai)ii>ropriations  are  made  in  this  act  shall  be  audited  by  the 
State  auditor,  who  shall  draw  warrants  therefor:  Pro- 
ridcd.  That  the  clerk  of  the  court  .shall  first  certify  to  said 
auditor  as  to  all  witness  fees. 

irjl.  (IS)  A"o  decisions  of  any  court  declaring  any  sec- 
tion or  portion  of  this  act  invalid,  shall  have  the  effect  of 
im'alidating  the  entire  act  or  law ;  it  being  the  ]>ur]>ose  and 
intent,  now  ami  here  ex])resse(l,  that  no  jirovision  is  \'ital 
to  the  purjxjses  of  this  act,  but  that  this  act  shall  be  ad- 
ministered at  all  times  and  by  all  courts  as  far  as  it  can 
and  ought,  according  to  the  true  intent  and  meaning  of 
each  and  all  its  ]>arts. 


TO  PREVENT  CRUELTY  TO  CHILDREN,  ETC.  79 

ii;].       (Itt)    All    penalties   recovered   l>_v   the  State   I'li'lc''  ^oXcted' 
the   provisions   of  this  act    shall   he   iiai<l    into  the  jicneral  [°to'\h^/'** 
s(  hool  fund.      Xolhinii  in  tiiis  act  shall  apjily  to  anv   rail-  fehoor'fund. 
roa<l  within  this  State  whieh  does  not  exceed  150  miles  in 
leniith.  or  to  anv  extension  <»r  hranches  of  snch   railroad,  Kxceptions. 
or  new   railroads  hereafter  constrncted;   and   the  huildini: 
of  extensions  (jr  hi'anehes  of  any   snch   I'ailroad   shall    not 
ha\"e  the  effect  of  hi'iniiin^  any  snch  railroads  within  the 
]>rovisions  of  this  act,   lint   this  shall   not   he  construed   to 
cxeni]it   any  railroad   from   the   pi'o\isions  (jf  this  act,   as 
to  any  >lii]iiment  consig-ned  to  any  point  in  this  State,  be- 
yond the  line  of  snch  short   road;   any  railroad  or  ])art  of 
a  i-aih'oad,  which  on   the  first  day  of  .March,  1S1>T,  would 
ha\-e   Ikh'u   suhject   to  the   ]>rovisions  of  this   act,  shall   he 
and   continue  to  he  suhject  to  the  same,   notwithstandiuii' 
anv   change   in   the   (i]M'ration,   ownership   oi"   nianaiieuK'nt 
thei'cof. 


TO  PREVENT  CRUELTY  TO  CHILDREN.  ANIMALS,  FOWLS 
AND   BIRDS. 


('uAPTi-.R  27,  Laws  of  1803. 

A.N  Act  for  the  prevention  of  cruelty  to  children,  animals,  fowls 
and  birds,  and  providing  punishment  therefor. 

Bt    il  riKirIrd  hi/  I lir  Lcf/lshil n r<'    nf   IlicShllrof  \\  (tsli  iinlloii  : 

!)-!.       (1)    Raili'oad     companies     in     carryini;-    oi-    "'•""'"  f,!."nsi/" 
portiiiii'  animals  shall   not    pernnt    them   to  he  confined    in 
cars  for  a  longer  jKM'iod  than  fort\-eii>ht  conseeutive  hours 
withont    nnloadinii  them    t'oi-  r<'st,  water  and  fee(lini:  i<'t'  =• 
jK'riod  of  at    least    two  consecnti\'e  hours,  uidoss  pi-evented 
from  so  unloadini;- them  hy  nnavoidaUlo  accident,      in  esti- 
matiuiisuch  confinement,  the  t  ime  dui'ing-  which  I  he  animals 
ha\<'   heeii  contine(l   withont   snch   rest  on  connectinii   roads 
from   which  they  are  ivceived  shall  he  intduded.      .\inmals  [!'/.; ^.^'f,?,7'', ml 
.so  unloaded  shall,  durini;'  snch  rest,  1  c  pr  iperly  fc  1,  watrred    vvaioivd. 
hv  the  owner  or  jK'rson  lia\ing-  the  cnstiuly  (d   them,  or  in 


go  RAILROAD   LAWS   OF   WASHINGTON 

case  of  his  default  in  s<j  doing,  then  by  the  railroad  coni- 
]>any  transporting  th(nnl  at  the  expense  of  said  owner  or 
person  in  cnstody  thereof,  and  said  company  shall  in  snch 
case  have  a  lien  u]Hm  such  animals  for  food,  care  and  cus- 
tody furnished,  and  shall  not  he  liable  for  such  detention 
of  such  animals.  If  animals  are  transported  where  they 
can  and  do  have  proper  food,  water,  space  and  opportunity 
for  rest,  the  foreg-oin<i'  ])rovision  in  regard  tO'  their  being 
PenaUy.  unloaded  shall  not  a])ply.  \'iolators  of  this  section  shall 
be  punished  by  tine  not  exceeding  one  hundred  dollars. 


BICYCLES  DECLARED  TO  BE  BAGGAGE. 


Chapter  15,  Laws  of  1899. 

An  Act  declaring  bicycles  to  be  baggage,  and  providing  for  the 
carrying  of  the  same  by  railroad  corporations  and  steamboats. 

Beit  enacted  hy  ilieLeylakdure  of  fJteStateof Washington: 
f^^^^l^^^n-^  95.  (1)  Bicvcles  are  hereby  declared  to  be  and  are 
deemed  baggage,  and  shall  be  transported  as  baggage  for 
passengers  by  railroad  corporations  and  steamboats,  and 
subject  to  the  same  liabilities  as  other  baggage ;  and  no 
sucli  passenger  shall  be  required  to  orate,  cnvcr,  or  other- 
wise protect  any  such  bicycle:  Provided,  howeiwr.  That  a 
railroad  corporation  or  steamboat  shall  not  1k'  recpiired  to 
transport  under  the  provisions  of  this  act  more  than  oric 
bicycle  for  one  person. 


PROHIBITING  BLACKLISTING  81 


TO  PROHIBIT  "BLACKLISTING" -PENALTIES. 


(•ifAPTKR  23,  Laws  of  1899. 

An  Act  for  the  protection  of  employes,  and  to  prohibit  the  prac- 
tice of  "blacklisting,"  and  providing  penalties  for  its  violation. 

BeAt  enacted  by  the  Legislature  of  the  State  of  Washington  : 

9f).  (1)  Every  ]>ers()ii  in  tliis  State  who  shall  wil- ^^^^^^|^^5j"«^ 
fullv  ;ui<l  inalicionslv,  send  or  deliver,  or  make  or  eaiise 
to  l)e  made,  for  tlie  ]>ur]H)se  of  heiiiii'  delivered  or  sent  or 
part  with  the  i)ossessioii  of  any  ])a|>er,  letter  or  writing, 
with  or  without  name  signed  thereto,  or  signed  with  a  fic- 
titious name,  or  with  any  letter,  mark  or  other  designa- 
tion, or  ])nl)lisli  or  canse  to  be  piiMislied  any  statement  for 
the  pur]x>s(?  of  ])reventing  any  other  person  from  obtaining 
em]»lovmerit  in  this  State  or  elsewhere,  aJid  every  jxirson 
who  shall  wilfully  and  maliciously  "blaeklist"  or  cause  to 
bo  "blacklisted"  any  ];iei-s(in  or  jM'rsons,  by  writing,  print- 
in.f  or  publishing,  or  causing  the  same  to  1m'  done,  the 
name,  (U-  luai'k.  oi"  designation  I'ejU'esenting  the  name  of 
any  ];i('rson  in  any  pajicr,  ]tam])hlet,  circular  or  book,  to- 
ii'etlier  with  anv  slatcniciit  concerning  ]>ci"sons  so  named, 
or  paiblisli  or  cause  to  be  ])ublished  that  any  jMM'son  is  a 
member  of  any  secret  organization,  for  the  purpose  of  pre- 
venting such  ]>ersnn  from  securing  employment,  or  who 
shall  wilfully  and  maliciously  make  or  issue  any  stat<Mnent 
r)r  ]m]>er  thtit  will  tend  to  influence  or  ]>rejudice  the  mind 
of  any  employer  against  the  ])erson  of  such  jjerson  seeking 
employment,  or  any  person  who  shall  do  any  of  the  things 
mentioned  in  tliis  section  for  the  pui-posc  (d"  catising  the 
discharii'c;  <d'  any  ])erson  (Muployed  l»y  any  I'ailroad  oi*  othci- 
company,  corjxiration,  iii<lividual  or  individuals,  shall,  on 
conviction  therecd'  be  ad  jmliicil  guilty  (d"  misdemeanor  and  T'<naities. 
]iuuislied  b\-  a  line  of  not  less  than  one  hundred  ilollars  m<m' 
~   6 


82  RAILROAD    LAWS   OF    WASHINGTON 

more  than  one  thousand  dolhirs,  or  hy  iniprisonmciit  in  the 
eoiiiity  jail  for  not  less  than  ninety  days  noi-  more  ihan 
one  year,  or  hy  hoth  such  tine  and  imprisonment. 


PROHIBITING  IMPORTATION  OF  HORSES,  CATTTLE    AND 

SWINE   UNLESS  ACCOMPANIED  BY  PERMIT  AND 

CERTIFICATE  OF  HEALTH. 


Diseases 
named- 
must  be 
free   fr(im. 


Certificate 
of  health— 
in  duplicate. 


CiiAeTKi;   lL^■').  Laws  of  IIM);). 

Ax  Act  prohibiting  the  importation  of  horses,  cattle  and  swine, 
unless  accompanied  by  a  certificate  of  health  and  permit  from 
some  official  veterinarian,  excepting  animals  intended  for 
exhibiting,  providing  for  its  enforcement,  and  fixing  a  penalty 
for  its  violation. 

Be  d  ciKicfcd  1)1/  ihcLcii'ishii  lire  of  iJte  State  of  \Va^hiii(/fon  : 
!•?.  (1)  That  it  shall  he  nnlawfnl  to  hriiiii-  into  the 
State  of  Washington  aiiv  horses,  cattle  or  swine  for  work, 
feeding,  hreeding  or  dairy  ]mr]Mses:  Provided,  however, 
That  slii|Hnents  of  horses,  cattle  and  swine  may  he  hronght 
into  the  State  of  Washington  after  said  horses,  cattle  and 
swine  have  Ix'cn  examined  and  found  free  from  the  follow- 
ing contagious  diseases:  Glanders,  farcy,  tnl)ercnlosis, 
actinomycis,  rinder];est.  foot  and  month  diseases,  con- 
tagions ahortion,  contagions  keratitis,  scahies,  maladie  dn 
coit,  swine  ])'lagne  and  hog  cholera,  and  a  hill  of  health  and 
a  ]>ermit  given  hy  a  State  \^cterinarian,  and  Assistant  State 
Veterinarian,  a  \%'terinarian  of  the  riiited  States  Bureau 
of  Animal  Indnsti-y.  or  hy  a  veterinary  acting  under  the 
or(h'r  oi'  dii'cctioii  of  the  livestock  sanitary  hoard  of  any 
state:  Provided .  That  in  tlu'  case  of  cattle  over  six  months 
of  age  to  he  used  for  hrcH'ding  or  dairy  ]>ur])os(>s^  the  non- 
existence of  tulxu'cnlosis  shall  have  been  determined  hy  the 
tuberculin  test  and  certified  to  by  the  veterinary  issuing  the 
al)ove  mentioned  certificate  of  health  and  ]M'rniil  :  the  cer- 
tificate of  lieal'li  and  ])ei'mit  given  by  the  aboxc  mentioned 


REGULATING   TRANSPORTATION   OF   HORSES,    ETC.  88 

vctcriiian";!!!  >li:ill  lie  iii\-cii  in  (liiplicatc,  the  (irioinal  of 
wliicli  >liall  lie  t'nr\\ai'tl(Ml  r<>  rlic.  Stare  \'<'teriiiari;iii  of 
\\';isliiiiiiT(iii.  aiifl  ilic  (lu]>licat('  i>i\'(-ii  t<i  tlic  I'jiilfnad  oi- 
ti'aiis])<)rtati<>ii  (•(niiDaiiv  lo  he  attaelicd  r<i  the  l)ill  nf  ladino' 
f<»r  said  animals  ;  and  no  raih'oad  or  transportation  com- 
jianv — wliicli  is  meant  {n  include  lioats,  ferries  and  l>rid«>-os' 
— shall  aece}>t  anv  such  animals  for  shipment  intd  tlie 
State  of  Wasliiiio'toii  for  work,  feedino-,  hreedinii'  or  dairy 
pnrjioses  without  the  hill  nf  health  an<l  |M'rmit  therein  pro- 
vided for,  and  no  railnVid  or  trans]X)rtation  coiiipanv  shall 
a.cce])t  from  its  eonnectiiiii'  lines  any  animals  shi]>ped  in 
violation  of  this  act. 

98.     (2)  Animals  hi'onoht  into  the  State  for  the  nuriMtse  Exempt,  for 

'         '  purposes   of 

of  exhihition  at  town,  countv.  disti'iet  or  State  fairs  shall  exhibition 

only. 

not  be  snhjeet  to  al)ov<'  rei»ulations :     Prodded,  lujii-cvcr. 

That  in   event  of  sale  heino-  made  from   such   exhihition, 

the  animal  sold  shall  he  snhmitted  to  examination  by  the 

State  Veterinarian  or  his  authorized  dejvuty  and  thereby  be 

subject   to   the  rules   and    reiiulations      o(,vei'nino'      native 

Washi no'ton  cattle. 

!>!>.       (3)    All     railroad,     li\-est(iek,     transportation     and  Penalty  for 

violation, 
stockyard    companies    and    theii'    employes    and    all    other 

persons  are  hereby  forbidden   to  bi'ing-  iiorscs,  cattle  and 

swine  into  the  State  except  in  c<im])liance  with  the  fon^- 

ffoine'  reeiilations,  and  anv  \iolation  of  the  same  will  con- 

stirute  a  misdemeanor  and  be  punished  accordingly. 


84  RAILROAD  LAWS  OF   WASHINGTON 


APPOINTMENT  OF  STATE   LUMBER  AND  SHINGLE 
WEIGHERS. 


Chapter  153,  Laws  of  1895. 

An  Act  providing  for  the  appointment  by  the  Governor  of  State 
lumber  and   shingle  weighers. 

Be  it  enacted  by  the  Legislature  of  tJie  State  of  Washington: 
state  100.      (1)    That  it  shall  be  the  diitv  of  the  Governor 

weighers,  ^  ^ 

^o^  ^P-  to  appoint  State  weighers,  to  weigh'  all  shingle  and  lumber 
to  be  shipped  beyond  the  limits  of  this  State.  That  there 
sliall  l>e  one  weigher  appointed  for  each  of  the  transcon- 
tinental railroads  running  into  this  state,  and  that  the 
office  of  said  weighers  shall  commence  when  this  act  goes 
into  effect.  That  the  tenn  of  office  of  said  weighers  shall 
l^e  for  the  period  of  four  years. 

Weighers  ]01.      (2)    That  the  Governor  shall  have  the  iiower,  and 

removal  of.  ^  '^  - 

it  is  hereby  made  his  duty,  upon  receiving  a  petition  in 
writing  from  five  manufacturers  of  shingles  or  lum])er, 
<^omplaining  of  the  wrongful  acts  of  any  of  said  weighers 
or  their  deputies,  to  investigate  such  charges  and  in  his 
discretion  to  remove  such  weigher  and  to  appoint  a  suc- 
cessor for  such  weigher. 
Weighers.  102.      (,3)    That  each  weigher  and  each  deputy  weip'her 

and  deputy  /     ^  _  ^  _  .       .  , 

must  take     shall,   before  enterinc;  upon  the  duties  of  his  office,   take 
oath  and  >         i 

give  bond.  .|n(l  subscribe  an  oath  that  he  will  faithfully  discharge 
the  duties  of  his  office  to  the  best  of  his  knowledge  and 
al)ility.  Each  weigher  shall  execute  to  the  State  of  Wash- 
ington a  l)ond  with  two  or  more  sureties,  to  be  approved 
liy  the  Secretary  of  State,  in  the  sum  of  three  thousand 
dolbirs,  conditioned  that  he  and  his  deputies  will  faithfully 
])erf(>rm  their  duties  as  lumber  and  shingle  weighers,  and 
if  said  himber  and  shingle  weighers  or  his  deputy  shall 
fail  to  keep  the  conditions  of  said  bond,  then  the  person 
ago'rieved  by  his  or  their  wrongful  act  shall  have  a  right 
of  action  against  said  Aveigher  and  the  sureties  on  said 
l)iii:(l.  and  they  shall  be  liable  on  said  bond  for  any  judg- 
ment r(Y'ovored  in  such  action  to  the  amount  of  the  pen- 


LUMBER   AND   SHINGLE    WEIGHERS  85 

altT  of  such  l>ond.  Tlie  oath  and  bond  shall  W  tiled  with 
the  Seoreteiy  of  State. 

103.  (4)   That  it  shall  he  the  duty  of  each  of  said  rail-  fo^rovide 
roads  to  constnict  scales  capable  of  weighing  cars  loaded  ^^^i^s- 
with    himber   or   shingles   shipped   from   that    ix)rtion   of 
Washington  west  of  the  Cascade  mountains  at  some  point 

on  their  res|x^ctive  lines  and  within  the  limits  of  this  State 
for  the  pnrpise  of  weighing  said  lumber  and  shingles ;  and 
that  it  shall  be  the  dutv  of  each  of  said  i-ailroads  doing 
business  east  of  the  Cascade  mountains  to  maintain  scales 
on  the  east  side  of  the  mountains  and  within  the  limits  of 
this  State  for  the  purpose  of  Awighing  lund)er  and  shingles 
manufactured  on  each  side  of  said  nuiuntains. 

104.  (5)    That  each  weighci'  shall   have  the  right  to  Deputies. 
ap]xnnt  one  or  miore  deputy  weighers. 

105.  (())    That  all  lumber  and  shingles  to  be  shipi>ecJ  ^f^g^' 
beyond  the  limits  of  this  State  by  railroad,  shall  first  be 
weighed  by  said  M'eigher  or  his  de]>uty  at  tlu^  yihu'e  where 

said  scales  are  located. 

106.  (7)    If  any  hnnber  or  shingles  shall  be  shipiied  Railroads 

'  •  °  ,  ^  ^  to  accept 

beyond  the  limits  of  this  State  by  any  railroad  company  weights. 

before  being  weighed  by  said  weigher  or  his  deputy,  said 

railroad  shall  be  comiielled  to  accept  the  weight  named  in 

the  athdavit  (if  there  be  any  affidavit)  attached  to  the  bill 

of  lading,  and  in  all  cases  where  there  is  no  such  affidavit 

attached,  said  cars  of  shingles  av  lumbei-  shall  be  weighed 

by  said  weigher  in  every  instance;  any  failure  to  comply  foTfaUure 

with  the  aT)ove  requirements  shall   b<^  adjudged   a  misde-  *^°  comply. 

meanor,  and  on  conviction  thereof  shall,  for  each  offense, 

be  fined  in  any  sum  not  less  than  five  huiid<'d  dollars  nor 

more  than  two  thousand  dollai-s. 

107.  (S)    That  uiMdi  weidiin'-- said  shiuiiles  or  lumber,  Welghor-s 

'  '  '  _  bill  to  con- 

tlie  weigher  or  his  deputy   shall    make  out   a  bill,  stating  tain  what, 
therein  the  nauies  of  rh<'  eonsigiioi-  and  the  cxmsignee,  the 
destination  of  said  ear  of  shingles  or  luinl>er  and  the  place 
from    which    said    car   was    hilled,    the    name  of   the    rail- 
road owiiiiiii'  such  cai'  and  the  number  of  said  car,  together 


86  RAILROAD   LAWS  OF   WASHINGTON 

\vitli  the  imiiiber  of  sliiiio-les  or  niamiiit  of  hiinlxT  said  to 
ho  eoiitaiiHMl  in  such  car,  and  the  total  woiii'lit  of  shiiiglps 

Contain*''       *^^'  linn^^'i"  coiitaiiiod  therein.     That  he  shall  enter  upon  the 

what.  books  of  liis  office,  to  he  ]iirovided  hv  him  and  ke])t  for  that 

]mr])'Ose,  a  correct  co]>v  of  said  hill,  and  shall  mail  or 
deliver  to  the  consignee  two  correct  co])ies  of  said  hill,  and 
to  the  agent  of  the  railroad  over  which  said  car  is  shi]>]>e(l 
one  correct  copy  of  said  hill,  with  the  certificates  f hereto 
attached,  that  it  is  a  trne  and  correct  hill,  wliich  bill  so 
c>ertified  shall  be  jtrosumptive  evidence  of  the  facts  therein 
contained. 

Fees.  108.      (9)    That  each  weigher  or  his  d('])int\' shall  HH-eive 

and  collect  froan  the  railroad  Ivv  which  said  Inniber  or 
shingles  were  receiA-ed,  the  snni  of  tiftv  cents  a  car  for 
each  and  every  car  of  hiniber  or  shingles  weighed  by  him. 

wefght^^  109.      (10)   When  any  cars  shall  have  l>een  weighed,  as 

herein  designated,  the  said  weight  shall  constitute  the  basis 
l>y  which  the  weight  of  said  hunber  or  shingles  shall  be 
determined. 

Emergency.  ^yx'.  1 1.  Whereas,  there  is  at  the  present  time  no  law 
on  this  subject,  an  emergency  is  declared  to  exist,  and  this 
act  shall  take  effect  from  and  after  its  passage  and  a|> 
]>roval  by  the  Governor. 


REQUIRING  WEIGHING  OF  CARS  LOADED  WITH  LUMBER 
AT  JUNCTION  OR   COMMON   POINTS. 


riiAi'TEi.'  12(),  Laws  ok  1905. 

Ax  Act  requiring  railroad  companies  to  weigh  cars  loaded  with 
lumber,  shingles  and  other  forest  products  at  junction  points, 
and  at  some  common  point  or  points,  and  fixing  penalty;  re- 
pealing Chapter  CXLIV,  Session  Laws  of  1901. 

Be  it  cnarlrd  by  flic  Le<ils]af  mr  of  I  he  Stair  of  W'asli  Irigfon  : 
Scales  at  HO.      (I)    That    all    railiMad    companies   operating    as 

junctions. 

common  carriers  within  the  limits  of  this  State,  shall  here- 


WEIGHING   LUMBER  CARS  87 

iit'tci-  1)c  i'('(|iiirc(l  1(1  ])rii\-i(lo  scales,  and  \v('i<:li  at  junction 
or  at  sninc  cuiiinion  ]M)int  within  this  State  all  cars  h)aclecl 
with  hiiulxT,  sliiiiiilcs  or  otlior  forest  jiriuhicN  for  shijy 
ineiit. 

111.  (-2)    All  charocs  for  freight  on  said  emnniodities,  Jow'^balrd. 
oxcoi>t   where   errcjr    is    apparent,    shall   be  based    on   the 
weights  detennined  l>v   the  weighing  stations  within  the 

limits  of  this   State,   and   all  hills  of  lading  of  railroad 
companies  operating  within  the  limits  of  this  State  shall 
specify  these  provisions:      Provided,   This  act  shall   not  ^°g^PjP',fj„g 
iip])]y   to   switching  charges   or   to   the  handling  of   logs  charges, 
wheri'  tlu'  charges  is  h_v  the  car  iir  hy  the  thonsand  feet. 

112.  (:J)    Any    railroad   comiiany's  employe  acting  as  stau-m^n^t 
weigher   shall    npon    request  of   any   shipjx^r  give  him    a  que"t/^' 
statement  showing  gross  and  net  weight  of  any  shipment 

Ijy  him.  Sworn  connt  and  weight  of  ship]>er  shall  he  pre- 
sumptive evidence  of  true  weight  where  error  in  railroad 

weights  is  a])parent. 

...  ,  .      »  n  till  -11  1  1  Separate 

11:).      (4)    All  cars  <liall  he  Aveiglied  im  tiie  scales  se]K  weighing. 

ai'ali'lv.  and  not  attached  to  other  cars,  and  at  a  standstill. 

...  -        I  (•      •    1    ^-  ±-     ^  •    •  -f  »l  ;      Penalty  for 

114.  (  .)  )     ill  case  of  viohitKiii  ot  the  provisions  ot  tins  violation. 

act  1)\-  any  railroad  com]iaiiy,  it  shall  ]^ay  a  ])enalty  of 
twenty  dollars  ($l>())  for  every  car  it  shall  neglect  to 
weigh  and  hill  within  the  State  as  above  ]>rovided,  to  1m' 
recoveii'd  from  sik  h  company  in  action  where  there  is 
aii\-  agent  of  such  laili'oad  comiaiiy  who  may  be  ser\'e;i 
with  piMcess,  ami  the  |!eiialties  recovered  undei'  this  ad 
shall  he  piiid  into  thec(»iiiity  treasury  in  sneli  coiiuty  when 
act  ion  is  t  aheii. 

115.  (('.)     Xothingcoiitained  in  this  hill  shall  inlerlVro  ^r'^';;^'^*^^^^ 
with   the   right   of  the  shipicr   and   carrier  to  enter   into   :, 
j)rivate  contract   regarding  wei"hts  when  it  is  impractiealil  • 

to  weigh. 


88 


RAILROAD   LAWS   OF   WASHINGTON 


FIXING  AND  REGULATING  MAXIMUM  RAILROAD  PASSEN- 
GER RATES. 


Adults  3c. 
per  mile. 


Children 
1  l-2c. 


Violation. 


Penalty. 


Chapter  113,  Laws  of  1905. 

An  Act  regulating  and  fixing  the  maximum  railroad  passenger 
rates  in  the  State  of  Washington,  and  providing  for  the  due 
enforcement  and  observance  of  the  rates  so  fixed. 

Beit  enacted  J)ij  theLegislaime  of  the  State  of  Washington: 
IKi.  (1)  ISTo  railroad,  its  aoents  or  employes  doing 
business  within  the  State,  shall  charge  for  transporting 
or  carrying  passengers  from  one  point  within  this  State 
to  another  }x»int  within  this  State  at  a  rate  exceeding  three 
(3)  cents  per  mile  for  each  passenger  over  the  age  of 
twelve  years  so  transported  or  carried,  and  one  and  one- 
half  cents  per  mile  for  each  passenger  of  the  age  of  twelve 
years  or  under  said  age  so  transported  or  carried, 

Ala..  108;   Ind.,  81;   Kan.,  28;   N.   C,  5;   Okla.,   39;   S.   C,  73;   S.   D.,    II. 

117.  (2)  Every  railroad  coiii])niiy  and  any  agent  or 
('nL|)l()yc  of  said  railroad  company,  doing  bnsiness  in  the 
State  of  Washington,  who  shall  \iolate  or  evade  any  of 
the  jM'ovisions  of  the  foregoing  section  of  this  act  shall 
f(tr  each  and  every  violation  thereof  he  deemed  giiilty  of 
a  misdemeaiif)!',  and  on  conviction  thereof  shall  he  punished 
hy  a  fine  of  not  less  than  five  hundred  dollars  nor  more  than 
one  thousand  dollars,  or  may  be  imprisoned  in  the  county 
jail  for  a  ]x^riod  of  not  less  than  six  months  nor  more 
than  one  year,  or  both  such  fine  and  imprisonment ;  and  on 
the  trial  of  any  jx^rson  or  ]>ersons  accused  under  this 
action  of  the  offense  aforesaid,  it  shall  not  Ix?  a  defense  to 
such  charge  of  the  violation  of  the  provisions  of  said  sec- 
tion for  sncli  jXTson  or  ]>ersons  to  ju'ove  that  he,  she  or 
they  were  instructed  or  ordered  to  commit  the  acts  charged 
in  the  information  or  indictment  by  an  officer,  or  agent,  or 
employe  of  the  railroad   company,   for  which  he  or  they 


REGULATING    PASSENGER   RATES  89 

were  employed  at  tlie  time  the  violation  ehara'od  in  the 
information  or  indictment  occurred,  at  said  trial  proof 
tJiat  the  person  accused  in  the  information  or  indictment, 
received  money  for  the  railroad  company  mentioned  in  the 

infoniiation  or  indictment,  shall  he  pr'uiui  fdcic  proof  of  p^o^f^   ^^^^^ 
the  agency  charged  in  the  information  or  indictment,  and 
the  courts  shall  so  instmct  the  jury  in  such  cases. 

lis.      (3)    Anv  railroad  c(ini]>anv  doine;  business  witiiin  Further 
'  '        •  '^  penalty. 

the  State  of  Washington,  M-ho  shall  violate  or  evade  any 
of  the  jwovisions  of  the  foregoing  sections  of  this  act  shall 
for  each  and  every  violation  thereof  forfeit  and  pay  into 
the  treasury  of  the  State  of  Washington,  in  addition  to 
the  penalty  and  fine  imposed  l»y  Section  2  of  this  act,  a  fur- 
ther sum  of  two  hundred  dollars,  one-half  thereof  for  the 
use  and  benefit  of  the  person  or  passenger  overcharged  and 
one-half  thereof  for  the  use  and  benefit  of  the  general 
school  fund  of  tlie  State;  and  tlu^  fine  and  penalties  im- 
posed by  this  act  under  Section  2  shall  likewise  1x3  paid  into 
the  o-eneral  school  fund ;  and  the  Attorney  General  for  the 
State  of  Washington,  or  any  county  attorney  shall  insti- 
tute the  necessary  criminal  and  civil  proceedings  to  collect 
and  enforce  the  fines,  forfeitures,  jX'ualties  and  punish- 
ments i^'ovided  in  tiiis  act. 

ll!l.      (4)    This  act  shall   not  ;i]>|'ly  to   railroads  wliose  Not  applic- 
able to  cer- 
lines  or  route  of  travel  does  not  (>x('e('(l  one  hundred  miles  tain    lines. 

in  I  en  at  h. 


90  RAILROAD    LAWS   OF   WASHINGTON 


TO  PREVENT  FRAUDULENT  SALE  OF  RAILWAY  TICKETS 
TO  TRAVELERS. 


C'liAi'TKK  ISO,  Laws  of  1905. 

An   A(  t  entitled  "An   Act   to   prevent  fraud   upon   travelers   and 
^  prescribing  where,  how,  and  by  whom   railroad   tickets  shall 

be  sold,  and  providing  the  terms  upon  which  the  redemption 
of  the  whole  or  any  part  of  such  tickets  as  may  not  have  been 
used  shall  be  made,  and  prescribing  penalties  for  the  violation 
of  this  act." 

lie  tl  ciKiclciJ  hij  UicLefj'tsJalurr  of  IlicStafe of  Washington: 
ha^'""ceVun-  ^-"-  <  1  )  J^  ^l''*ll  ^>^  ^^^t'  duty  ()f  the  nwuvv  or  owners 
company"  "^"  P'<^i'-'^*'^'  *''"  ]>er8nns  o])erating"  any  railroad  to  })rovide 
every  aiiciit  who  may  he  anthorized  to  sell  its  tickets  or 
other  ewide^ice  of  a  right  txj  travel  u]K)n  any  railroad  with 
a  certificate  settting  forth  the  authority  of  snch  agent  to 
make  such  sale.  Such  certificate  shall  ]k»  duly  attested  by 
the  cor]M)rate  seal  of  the  owner  of  such  railroad  or  of  the 
corporation  o]>e'rating  the  same,  and  l)y  the  signature  of 
the  manager,  secretary  or  general  passenger  agent  of  said 
railroad. 

Jll..    20;    Minn.,    116. 

of'b^u'siness  ^■^^'  ^'^^  Every  agent,  person,  firm,  or  co  pro  ration  en- 
gaged in  selling,  issuing  or  dealing  in  railroad  passenger 
transportation  in  this  State,  must  have  a  fixed  place  of 
business  in  the  town  or  city  wherein  such  agent,  person, 

tcf  be^osteJ.  fii'"i'j  oi'  corporation  transacts  said  business,  and  such  agent, 
person,  firm  or  corporation  is  hereby  required  to  keep  the 
certificate  mciitioiuMl  in  Section  1  of  this  act,  posted  in  a 
cons],icuous  ])hice  in  sucli   )ilacc  of  business. 

111..   21:    Minn.,   117. 

Unlawful  to      122.     ('^)  It  .shall  he  uuhiwfnl  for  auv  ijerson,  iirm.  i>art- 
sell  tickets  -^  _  _  •     '  _  '       . 

without         nership,  corporation  or  association  of  anv    kind    who    is 
authoiity.  .  '         . 

not  ])ossessed  oi'  and  has  not  posted  the  certificate  of  au- 
thority as  ]>rescribed  in  Sections  1  and  2  hereof,  to  sell  or 
cxclianoe  or  traiii^fer  f)r  to  offer  for  sale  or  exchano-c  or 


SALE   OP    PIAILWAY   TICKETS  91 

transfer  the  wluilc  or  any  jiart  <>f  any  railroad  ticket  <»r 
pass  or  otlier  evidence  of  a  right  to  travel  n|K')n  any  rail- 
road, whether  the  same  be  situated  or  operated  or  owned 
within  or  without  the  limits  of  this  State. 

111..   22. 

1-2:].  (4)  It  shall  be  nnlaAvfnl  for  any  jierson,  firm,  part-  Fraudulent 
iiershi]>,  cor]x>ration  or  associati<^»n  of  any  kind  to  set  np, 
establish,  maintain,  conduct  or  oj-x^rate  within  this  State 
any  otHcc  or  other  ])]ace  of  business  foi-  tlie  sale  or  ex('liani>e 
or  transfer  of  the  whole  or  any  ]>aii'  r»f  any  railroad  tickets 
or  ])asses  or  other  evidence  of  a  rioht  to  tra\el  uj^wn  any 
railroad  within  or  without  the  limits  of  this  State  unless 
sucli  ]XM'son,  firm,  ]>artiH'rshi]),  corpitratioii  or  association 
is  possessed  of  and  has  ]X)sted  the  certificate  of  authority 
as  ]>rescrilx^d  in  Sections  1  and  2  hereof. 

124.  (5  )  Tn  all  prosecutions  under  Section  4  of  this  act,  Prima  facie 

'  evidopc.^-- 

iiroof  of  the  maintenance  of  anv  otHce  or  other   idace  of  ^'^^*- .^  . 
'  ■  '  constitutes. 

business  within  this  State  ujion  or  within  or  in  connection 
with  which  is  attached  or  displayed  any  sioii  bearing:-  tlie 
words,  "Railroad  Ticket  Office,'"  or  "Cut  Rate  OlKce,"  or 
"Railroad  Tickets,"  or  "Ticket  Brokers,"  or  any  c^»ml)ina- 
tion  of  such  words  or  any  other  words  intended  or  calcu- 
lated to  advertise  to  the  pnhlic  that  the  whole  or  any  part 
of  any  railroad  tickets  or  ]>ass(»s  or  other  evidences  of  a 
riiiht  to  travel- u])on  any  railroad  are  sold  or  exchaniicd  <»r 
transferrer]  i herein  wiiliout  having  ]X)sted  within  such  of- 
fice or  ])lace  <»f  business  a  i-ertificate  of  aulhuriiy  as  pro- 
vided in  Section  ."!  JH'i'eof,  siiall  be  sufficient  e\i(|eiice  \n 
establish  a  priDia  [(trie  case  against  the  owner,  proprietor, 
em])loye  or  ]X'rsoii  in  charge  o1'  said  office  or  ])lace  of 
business. 

125.  ((■»)    Aiiv    iierson   or   iiersoiis   \iolalinLi   an\-   d'   the  Misde- 

*      '  •      1  I  ■  •  meanor-  ■ 

]irovisi(.ns  of  Sections  1,  2,  :',  or  4  of  this  act  shall  be  P<^riaity. 
<leeme<l  g\iiltv  of  a  inisdeineanor,  and  upon  cnnviction 
thereof,  shall  be  punished  by  a  tine  of  net  less  ilian  "Ue 
hundi'cd  iiei'  nmre  than  ti\i'  liiindre(|  (I'ljlar-,  oi'  hy  ini- 
])i"isoiinient  in  the  connty  jail  not  less  than  leii  iioi-  more 
than   sixtv  davs,  ov  hy   both   ^ndi    hne   and    iin]irisonnienl. 


92 


RAILROAD   LAWS  OF   WASHINGTON 


Redemption 
of  tickets 
sold,  in 
whole  or 
in  part. 


Redemptio. 
of  portioii 
of  ticket. 


Limit. 


Penalty 
for  failure 
to  redeem 
ticket. 


126.  (7)  The  owner  or  owners  or  person  or  persons 
u];eratiiig-  any  railroad  in  this  State  or  any  railroad  doing 
business  therein  shall  redeem,  npon  presentation  by  the 
lawful  holder  thereof  to  any  of  its  ticket  agents  in  this 
State,  the  whole  or  any  part  of  any  railroad  ticket  or 
other  evidence  of  a  right  to  travel  upon  his,  its  or  their 
railroad  which  had  been  sold,  within  or  without  this  State, 
by  any  such  owner  or  owners  or  jjerson  or  persons  or  any 
of  his,  its  or  their  duly  authorized  agents, if , for  any  reason, 
such  holder  has  not  used  the  same,  upon  the  follomng 
terms :  If  no  part  of  such  ticket  has  been  used,  it  shall 
be  redeemed  at  the  full  amount  paid  therefor;  and  where 
the  ticket  has  been  used  in  part  only,  the  unused  ]X)rtion 
shall  be  redeemed  at  the  remainder  after  deducting  from 
the  price  paid  for  the  whole  ticket,  the  regular  tariff  rate 
between  the  points  between  which  the  portion  of  said  ticket 
was  used :  Provided,  Such  ticket  or  part  thereof  is  so 
presented  for  redemption  within  sixty  days  after  the  right 
to  use  said  ticket  has  expired  according  to  the  terms 
thereof. 

Minn.,    118. 

127.  (8)  If  any  owner  or  owners  of  or  person  or  i")er- 
sons  operating  any  railroad  mentioned  in  Section  7  of  this 
act  shall  fail,  neglect,  or  refuse  to  redeem,  as  provided  in 
Section  7,  the  whole  or  any  part  of  any  railroad  ticket  or 
other  e\ndence  of  a  right  to  travel  upon  his,  its  or  their 
railroad,  he,  it,  or  they,  shall,  upon  conviction  thereof,  be 
punished  by  a  fine  of  not  less  than  one  hundred  nor  more 
than  five  hundred  dollars,  and  lie,  it  or  they  shall  in  an 
action  instituted  by  the  lawful  holder  of  such  railroad 
ticket  or  otlun*  evidence  of  a  right  to  travel,  be  liable  to 
such  holder  in  a  sum  equal  to  treble  the  value  thereof. 


REGULATING   HOURS  OF  EMPLOYES  93 


REGULATING  HOURS  OF  SERVICE  OF  EMPLOYES. 


Chapter  20,  Laws  of  1907. 

An  Act  regulating  the  hours  of  service  of  employes  in  train  ser- 
ice  upon  railroads,  and  providing  a  penalty. 

Be  it  enacted  by  the  Legidatwe  of  the  State  of  Washuuiton : 

128.      (1)    It  shall  be  iinlawftil  for  any  cominon  oar-  Limit  or 

^     ■'  <■  hours    of 

rier  In-  railroad  or  aiiv  of  its  officers  or  agents,  to  require  ''^^'^'ce. 
or  permit  any  eniiploye  engaged  in  or  connected  -with  the 
nioveinent  of  any  train  to  remain  on  duty  more  than  six- 
teen consecutive  hours,  except  when  by  casualty  occurring 
after  such  employe  has  started  on  his  trip;  or,  exce])t  by 
accident  or  unavoidable  delay  of  trains  scheduled  to  make 
connection  with  the  train  on  M'hicli  such  employe  is  serving, 
he  is  prevented  from  reaching  his  terminal ;  or,  to  require 
or  ]>('rmit  any  such  em])il(ye  who  lias  been  on  duty  sixteen 
consecutive  hours  to  gri  on  duty  without  having  had  at 
least  ten  hours  off  duty;  or,  to  require  or  permit  any  such 
employe  who  has  been  on  duty  sixteen  hours  in  the  aggre- 
gate ill  any  twcnty-foui'  hour  period  to  conlinue  on  duty 
without  having  had  at  least  eight  hours  oft"  duty  within  the 
twenty-four  hour  period. 

Ind.,    105;    N.   C,   3;    S.    D.,    26. 

12!*.       (2)    That  any  such  coipuk  ii  cnn'ier,  oi'  any  of  its  Penalty. 

othcers  or  agents  viohiting  any  <if  the  ]>rovisions  of  this 

Act  is  hereby  declared  to  he  guilty  of  a  misdemeanor,  and 

upon  conviction  thei-eof  shall  be  liable  to  a  ]>enalty  of  not 

less  than  one  hundred  or  iiioi-e  tlian  one  thousand  dollars 

for  each  and  every  such  violation  to  be  recovered  in  a  suit 

or  suits  to  1)0  brought  by  the  Attorney  General ;   and   it 

shall  be  the  dulv  of  the  Attcu'uev  (ieneral   to  hriuc;  such  Attorney 

'  General   to 

suits  u]Min  duly  \'erilie(l  iufoiuiation  being  loclgcNl  with  liiiii'  brins  action, 
of  such  violation  having  occurred,  in   any  su]>erioi'  court  ; 
and  it  shall  also  be  the  duty  of  the  Iviiilroad  ("oniniissiou  to 


94  RAILROAD   LAWS   OF   WASHINGTON 

fully  investigate  all  cases  of  violation  of  this  Act.  and 
to  lodge  with  the  AttoriKn-  Gc^nt'ral  inforniatinn  of  any 
such  violatidii  as  may  coinc  to  its  knowledge. 

liid.,    1U7. 


COMPELLING  RAILROADS  TO  FENCE  RIGHTS-OF-WAY. 


Chapter  88,  Laws  or  1907. 

Ax  Act  compelling  railroads  to  fence  their  rights-of-way  and  to 
protect  the  owners  of  stock  injured  by  moving  railway  trains, 
declaring  a  law  of  negligence  with  regard  to  stock  injured  by 
railway  trains. 

Be  II  cnacied  by  the  Legislature  of  the  State  of  Wanhlnglon: 
Track  to  be  J ;>()  (^^  Everv  porson,  company  or  corporation  hav- 
ing the  control  or  management  of  any  railroad  shall,  within 
six  months  after  the  passage  of  this  act,  ontside  of  any 
corix>rate  city  or  town,  and  ontside  the  limits  of  any  side- 
track or  switch,  canse  to  be  constructed  and  maintained  in 
good  r('])aii'  on  (Mteh  side  of  said  railroad,  along  the  line 
of  said  right-of-way  of  such  ]>erson,  company  or  corpora- 
tion oj^erating  the  same,  a  sul>stantial  fence,  and  at  every 
])ioint  where  any  roadway  or  other  public  highway  shall 
Crossings  cross  said  railroad,  a  safe  and  sufficient  crossing  nuist  be 
built  and  maintained,  and  on  each  side  of  such  crossing  and 
at  each  end  of  such  sidetrack  or  switch,  outside  of  any 
incorporated  city  or  town,  a  sufficient  cattle  guard :  Pvo- 
i'lded,  That  any  ])erson  holding  land  on  both  sid(^s  of  said 
right-of-way  shall  have  the  right  to  put  in  gates  for  his 
own  use  at  such  places  as  may  be  convenient. 

Fla.,    21:    UI..    4;    Miss.,    12;    Mo.,   .37. 

ki'fury '^lo '^^'"^       lol.      (2)    Every  such  jK-rson,  company  or  coriMivation 

^^°^  ■  owning  or  operating  such  railroad  shall  be  liable  for  all 

damages   sustained    in   the   injury   or  killing  of  stock   in 

any  manner  by  reason  of  the  failure  of  such  jjerson,  com- 


FROGS   AND   SWITCHES  05 

];iiiv  Ml'  ('(ii']i(ir;ili(ui,  t(i  const  I'lict  liiid  iiiai  iitaiii  siu-b  tVnce 
cr  .such  (;ro8sing-  or  cattle  <>uar(l  ;  Juit  when  such  fences, 
crossings  and  guai'ds  ha\-e  \)ovn  duly  made,  and  shall  Ix? 
kept  in  good  repair,  such  ])<'i-sGn,  company  or  coi'poration 
sliali  Mdt  Ik'  liable  f<u'  any  siu*h  danuiges,  unless  negli- 
iicniK-  oi'  unlawfully  done. 

I."):!.     {'■'))  That  in  all  actions  against,  persons,  couiiianies  NegUgonoei 

.  .  .  if  not 

or  cor];oratioi!s.  operating  steam  or  electric  railroads  in  the  fenced. 
State  of  Washington,  for  iujui'y  to  stock  hv  cfdlisiou 
with  moving  trains,  it  is  j)riiii((  facie  evidence  of  negligeuce 
on  the  part  of  such  person,  com]>any  or  cor]H)i'atiou.  to 
show  that  the  I'ailroad  track  was  not  fenced  wirh  a  suh- 
stantial  fence  or  prote^cti'd  hy  a  sulticient  cattle  guard  at 
the  j^lace  where  the  stock  was  injured  or  killed. 


FROGS  AND  SWITCHES  TO  BE  GUARDED -FLAGMEN 
MUST  SPEAK  ENGLISH   LANGUAGE. 


Chapter  1:58,  Laws  oi'  r.H)T. 

A.\  Act  relating  to  railroads  and  the  regulation  of  railroads,  and 
amending  section   1    of  chapter  XXXV  of  Session  Laws  1899. 

Be  II  riKirlcd  hi/  flic  Lcf/islal in c  of  llic Slalc  of  Wasli  liii/li/ii  : 
133,  (1)  That  section  1  of  an  act  entitled  ".\n  act 
re(|uii'ing  p<'i'sons,  railr(»ad  companies  or  cor]>oi'at  ions  to 
so  adjust,  till.  Mock  and  secui-ely  guai'd  th(^  frogs,  switches 
and  guai'd  I'ails  on  theii-  roads  as  to  proteet  and  ])revent 
injuiy  to  employo  and  other  p<'i'sons,  and  providing  a 
penalty  for  the  \'i(dation  thereot,"  appro\'e(|  March  <ilh. 
](S1)!I.  I.e,  and  the  same  is  hereby  amended  to  read  as  fol- 
lows:     Section    1.      An\'   i)erson   or   iKM'sons,    i-ailroad   com-  HaiiroaUs 

'  '  t<i  guaru 

iianies  or  cori>oi-at ions,  owniiii:  <>r  oiK'i'atinii'  a    railroad   or  fi'ogs.- 

railroads  in  this  State,  shall  be  and  arc^  hei'ebv  reiiuired  on  'i^'\'J  Ruani 

'  rails. 

or  before  the  first   day  «d"  Octolx-r,    lMii>,  to  so  adjust,   till, 
l)l<>ck    and    secured  v   liiuird    the   fro^is,   switches    and    una  I'd 


96  RAILROAD   LAWS  OF   WASHINGTON 

rails  on  tlicir  roads  as  to  protwt  and  prevent  the  feet  of 
eniplo^'es  and  other  ]x^rsons  from  being  caught  therein. 
That  any  railroad  (>]Kn-ating  within  this  State,  shall  not 
employ  or  nse  as  flagman  any  }>erson  or  j^ersons  who  can- 
not read,  write  and  s]X'ak  the  English  language. 

Conn.,   14;   Ul.,   17;   Mich.,   83;   Minn.,   50. 

Injured  per-       1'^-^,      (2)   Any  person  or  persons,  railroad  companies  or 

sons  may  v     /  ■/   i  i  ?  r 

recover^foj^^  g^^j.p,^j.jj^JQjjg  owniug  or  oj:>erating  a  railroad  or  railroads  in 
suiting  from  ^\^j^  State,  shall  he  liable  for  any  damage  re<?eived  from  a 

failure.  «  ^ 

failure  to  (•om]>ly  with  the  provisions  of  this  act;  such  dam- 
ages to  be  recovered  by  the  parties  entitled  to  recover  as 
provided  in  sections  137,  138  and  139  of  volume  2  of  Hill's 
Annotated  Cbdes  and  Statutes  of  Washington,  being  sec- 
tions 4827,  4828  and  4829,  Ballinger's  Annotated  Codes 
and  Statutes  of  Washington.  (Ch.  35,  Laws  1899,  p.  49.) 
ron^coni-'^'  135.  (3)  Any  person  or  i>ersons,  railroad  companies  or 
phance.  eiu'porations,  ov\iiiiig  ov  o])eratiug  any  railroad  in  this 
State,  failing  to  comijly  with  the  provisions  of  this  act 
within  the  time  limited,  shall  be  deemed  giiilty  of  a  misde- 
meanor, and  on  conviction  thereof  shall  be  fined  in  any 
Mim  not  less  than  five  hundred  dollars  nor  more  than  two 
thousand  dollars.      ( (  h.  35,  Laws  1899,  p.  49.) 


OVERCHARGES. 


Chapter  187,  Laws  oi-   1907. 

Ax  Act  relating  to  overcharges  on  prices,  rates  or  tariffs  which 
by  law  are  required  to  be  published,  and  providing  for  inter- 
est thereon. 


Be  ll  fiiaclcd  hij  ihe  LeijisUdinc  of  llw Shitcof  \\  anliingloii: 
Over-  1Z%.      (])    Any  corporation,   partnership  or  individual 

shall  oe         ^\-]„)  furuislics  the  iiiil)lic  anv  "dods,  wares,  merchandise, 

refunded.  '  .      ,■-  ?  '  ' 

pledge,  security,  insurance  or  transportation  of  which  the 
]irice,   rate  nr  tariff   is  by   law  rc(]uired  to  be  published, 


EQUIPMENT  OF  FLAT  CARS  97 

shall,  Avhen  any  jn-icx',  rate  or  tariff  is  chargod  in  excess 
of  tho  existing  and  established  price,  rate  or  tariff,  refund 
to  the  person,  partnership  or  corporation  so  overcharged, 
or  to  the  assignee  of  such  claim,  the  amount  of  such  over- 
charge, and  on  failure  so  to  do,  the  claim  for  such  over- 
charge shall  bear  interest  at  tlio  rate  of  eight  ])er  cxMit.  ])<'r 
annum  until  paid. 


EQUIPMENT  OF  FLAT  CARS   WITH   STAKES, 
STANDARDS,  ETC. 


Cjiai'tkr  218,  Laws  OF  1907. 

An  Act  requiring  railroad  companies  and  other  common  carriers 
to  equip  flat  cars  witli  stalves,  standards,  supports,  strips,  rail- 
ings, chains,  and  other  appliances  necessary  to  the  safe  car- 
riage of  goods,  commodities  and  products,  that  the  weight  of 
such  appliances  shall  be  made  part  and  parcel  of  weight  of 
car,  and  providing  reimbursement  to  shipper  or  loader,  when 
the  shipper  or  loader  furnishes  the  necessary  requisite  stakes, 
standards,  supports,  strips,  railings  and  other  appliances. 

Be  il  enacted  hi/  flie  Let/lslal iire  of  Ihe^lnle  of  ]Vash.[n(jtori: 

l.']7.  (  1  ) .  The:  stakes,  standards,  suimorts,  stavo,  Equipment 
railings  and  other  equi}!iiifMits,  appliances  and  contrivances 
necessary  to  offectuallv  and  suitably  equi])  and  sui)ply 
every  and  all  flat  cars,  and  cars  belonging  t<»  any  ;nid 
every  railroad  company,  oi-  ]!crson  engaged  in  the  busi- 
ness of  carrying  for  hii'<'  in  this  State  shall  constitute  and 
be  held  consich^red   ]>art   iind   ]iarc(d  erf  said   cars,  and  the 

\v<'idit  of  sainc  shall  he  added  to  the  weii;ht  of  the  cars,  ^^^'^'^^^  ^^ 

^  '  be  deducted. 

ami  shall  he  dcdncted  from  the  Aveight  of  the  cai'go,  CDm- 
modity,  or  ])rodtict  shijipcd  ou  any  and  all  such  (hit  car  or 
cars  so  that  the  freight  charges  shall  Iw.  charged  by  ihe 
cai'rier  only  on  the  cargo,  com(midity  or  product  carried. 

l.'»S.      ( -!  )    Whenever  anv  railroad  c(Mnpanv  or  anv  TXK'-  Shipper 
sfin  engaged   in   the  business  of  can-ying  iov  hire  in  this  nish— when. 
State  shall  set  in  or  fnrnish  any  ju'i'son  oi-  persons  any  Hal 
car  or  cars  that  is,  oi-  are  iml.  ]ii-o\i(led  with  sfakes,  sfaml- 
—7 


98 


Payment 
for  stakes. 


RAILROAD    LAWS    OF    WASBINGTON 

ai'ds,  sii])piiirs.  stavs,  railiiiiis  and  dtlici-  ('([ui|nii('iifs,  ap])li- 
aiiccs  and  cdiit  rivaiices  necessary  to  effectnally  and  snita1)ly 
('(|iii|)  and  supply  (n'ery  and  all  such  flat  car  or  cars  for 
llic  |>nr]>osc  of  loading-  and  traiis]^iortin<»'  <>'oods,  conunodi- 
fic>  111-  products,  and  it  shall  he  necessary  and  reipiisite 
that  th(>  shi];p('r  oi-  loader  of  any  ii'oods,  conionidities  or 
products  shall  furnish  any  stak<'s,  standards,  su])j>orts, 
stays,  railinti's  and  othei-  (Hjuipmeuts,  a]>i>iiances  and  con- 
trivances necessary  \o  effectuall\'  and  snitahly  e(piip  and 
su]>})ly  such  flat  car  or  cars  for  the  pur])ose  of  ti'ansport- 
ing  any  ockkIs,  coiiKHndities  ov  ])roducts,  the  carrier  or 
railr(>ad  company,  oi-  person  engai>ed  in  tin-  business  of 
carrying'  for  hire,  shall  ])ay  to  the  shi])])cr  or  loader  of  any 
such  flat  oar  or  cars  the  cost  and  ex|x>nse  of  ])lacin<i-  on 
any  and  all  of  such  flat  car  or  cars  stakes,  standards,  su}> 
ports,  stays,  railings  or  otlu'r  eijuipinents,  appliances,  and 
contrivances  ne•c^essary  to  eflectnally  and  snitahly  e(|ui})  or 
supply  every  and  all  such  flat  ear  or  cars. 


UNIFORMS  OF   RAILWAY   EMPOYES. 


Unlawful 
to  require 
employes 
to  purchase 
uniforms  of 
tompan\'. 


('iiAi'j'Ki;  224,  La\vs  ok  1907. 

Ax -Act  making  it  unlawful  for  any  railroad  and  other  transpor- 
tation companies  doing  business  in  the  state  of  Washington 
and  any  agent,  officer  or  servant  of  any  railroad  or  other 
transportation  companies,  to  require  any  employe  of  such 
railroad  or  transportation  companies  to  purchase  of  any  such 
company  or  of  any  particular  person,  firm  or  corporation,  or 
at  any  particular  place  or  places,  the  uniforms  or  other 
clothing  or  apparrel  required  by  any  such  railroad  or  other 
transportation  companies  to  be  used  by  such  employes  in  the 
performance  of  their  duties  as  such,  and  fixing  a  penalty  there- 
for. 

/>r  it  ciKlclcd  hi/  llic  Ijiujisial lire  of  IIic  >^l(ilr  of  W'dsli  i lu/foii  : 

]?A).      (1)    It  shall   he   unlawful   for    any     railroad    or 

other  trans]MU'tation  coni]>any  doing  business  in  the  Stat^' 

of  Washington,  or  of  any  officer,  agent  or  servant  of  such 


UNIFORMS   OF    EMPLOYES  99 

raili'dail  <ir  dtlicr  traiis{M)rtiiti(Ui  cdiiijuiiiv.  t<>  rctiuire  aiiv 
coudiu'tor,  enwineer,  l>rakfiiiaii.  tirciiiaii,  |mrs.cr,  or  otlicv 
employe,  as  a  eoiidition  nf  liis  fontiinuMl  ('iii]>loyiiieiit,  i  r 
othenvise  to  reijuirc  or  (•(iinjtel,  or  attein])t  to  recjiiiri'  or 
(•<iiii|M'l.  any  siieli  oniploycs  to  paireliase  of  any  sncli  rail- 
road of  other  trans{X)rtati(in  cunipany  or  of  any  partienlar 
person,  firm  or  cor]x>i'ati<>n  or  at  any  particular  ]>la('e  or 
jflaces,  any  iinifoi'ni  oi-  dtlicr  clotliini>-  oi-  a)>]>arcK  rcciuirccl 
l)y  any  such  I'ailroad  or  othci-  traus]w>rtation  c<)nipan\  l-i 
be  used  by  any  such  employe  in  the  ]>erformanee  of  his 
duties  as  such;  and  any  such  railroad  or  trans]X)rtatiou 
com]>auy  oi-  any  officer,  aiicnt  or  servant  thereof,  who 
sliall  oi'dci'  or  recpiirc  any  conductitr,  eng'ineer.  ]>rakcnian, 
Hrenian,  ]>urser,  or  other  ]>ersou  in  its  employ,  to  jmrchase 
any  uniforui  or  other  clothing  or  apparel  as  aforesaid, 
shall  1m^  deemed  to  have  re(]uire<l  such  ]>urchase  as  a  condi- 
tion of  such  emi])loye's  continu('(l  cmphiyment. 

140.  {2)  Any  railroad  or  orlicr  ti-ansjMU'tatitin  ('oni]>auy  Penalty, 
doino-  husiness  in  the  State  of  \Vashin<it(ni,  or  anv  officer, 
aiicnt  or  servant  thereof,  viohitin<>'  any  of  the  ]>rovision.s 
of  this  act  sliall  he  deemed  anilty  of  a  misdenieaiior  and 
n]Min  ('(invictioii  thereof  shall  lie  ]ninishe(l  hy  a  line  in 
any  sum  not  less  than  One  Ilnndred  Dollars  (-i^lOO)  n.ir 
more  than  Fixe  lmiidre(l  l)ollai's  (.$5()()),  oi"  hy  iiii]>ri-oii- 
meiit  ill  the  county  jail  of  the  county  where  the  iiiisdo- 
meaiior  is  coimuitted.  iiol  e.\ceedin<:-  six  months. 


SYNOPSES  OF  COMMISSION  LAWS  OP  OTHER  STATES. 


(Following  are  synopses  of  Commission  Laws  of  the  other  states.  The  first 
number  is  the  paragraph  number  and  is  the  one  referred  to  in  the  annotations 
to  the  preceeding  sections;  the  number  in  the  parentheses  refers  to  the  section  of 
the  law  of  this  state  as  arranged  herein  and  indicates  that  such  section  is  on  the 
same  subject  matter  as  the  paragraph  to  which  such  number  is  attached;  the 
number  following  each  paragraph  is  the  section  reference  to  the  law  of  the  state 
named,  which  law  is  referred  to  usually  immediately  following  the  name  of  the 
state.) 


(Alaban2— ~::  "rrences   to  Laws    *07O 

ALABAMA. 

1.  (1)  Commission  to  consist  of  president  and  two  associate  members:  elected 
president  at  one  biennial;  associate  members  at  following  biennial;  term  4  years. 
No  two  commissioners  from  same  congressional  district.  Vacancies  to  be  filled  by 
governor,     p.  68,   sec.  1. 

2.  (2)  Style  of  commission,    "Railroad   Commission   of  Alabama."     p.   70,    sec.   2. 
?<.    (2i  Commission  to  have   seal.     p.  70,  sec.  2. 

4.  (1)  Stockholders  or  employee  of  railroad  not  eligible  to  office  of  commis- 
sioner,    p.  70,    sec.  3. 

5  (1)  Commissioner  may  be  impeached  by  Supreme  Court  as  other  officers,  p. 
70,  sec.  4. 

6.  Acceptance  by  commissioner  of  any  gift  or  favor  from  common  carrier,  ex- 
cept transportation   for   official   business,    forfeits   office,     p.   70,    sec.   4. 

7.  (1)  Salary  of  commissioners:  President  $3,500;  Associate  $3,000;  Clerk  $2,400. 
p.  70,  sec.  5. 

5.  (2)  Commission  to  employ  such  assistance  as  is  necessary,  including  experts, 
p.  70,  sec.  5. 

9.  Expenses  for  experts  not  to   exceed  $2,500  per  annum,     p.   70,    sec.    5. 

10.  (2)  Office  of  commission  to  be  at  state  capitol.     p.   71,   sec.   6. 

11.  Commission  to  hold  meetings  first  Monday  in  each  month,     p.  71,  sec.  6. 

12.  Record  of  proceedings  to   be   public,     p.   71,   sec.   6. 

i;^.    Commission  to  adopt  rules  of  procedure,     p.  71,   sec.  7. 

14.  Hearings  of  commission   to  be  public,     p.    71,    sec.   7. 

15.  {13b)  Commission  to  make  annual  report  to  governor,     p.  71,  sec.  7. 

16.  (la)  Commissioner  or  clerk  not  to  render  any  service,  or  perform  any  busi- 
ness contracts  for  railroad,  either  by  himself  or  throught  a  partner,     p.  71,  sec.  9. 

17.  (22)  "Transportation  Company"  includes  an.v  person,  etc.,  owning,  operating 
or  controling  any  railroad,  cars,  bridges,  terminals  or  sidetrack  in  connection 
therewith,  express  and  sleeping  car  company.  Act  applies  to  receivings,  switching, 
delivering,  storing  and  hauling  of  freight,  or  the  transportation  of  passengers  to 
all   railroads,    express,   car  companies,   etc.     p.   72,   sec.   11. 

18.  (22)  Act  not  to  apply  to  street  railroads,  or  private  logging  roads,  p.  ?J, 
sec.  12. 

19.  (IV>  Service  of  transportation  company  to  be  adequate  and  charges  must 
b'-  reasonable,     p.  73,  sec.  13. 

20.  Rates  or  classification  Hxed  by  statute  not  to  be  Increased  b.v  commission. 
p.  73,   sec.  13. 

21.  (3)  All  rates  or  classification  of  carrier  Inconsistent  with  those  fixed  by 
law  or  by  commission  void.     p.  73,   sec.   13. 


102  SYNOPSES  OF  COMMISSION  LAWS. 

22.  (3)  Commission  to  have  authority  to  regulate  location  and  building  of  pas- 
senger and  freight  depots,  correct  abuses,  fix  tariffs,  etc.     p.   74,   sec.  14. 

23.  (3)  Commission  to  inquire  into  management  of  transportation  companies, 
and  to  obtain  from  such  companies  complete  infoimation  to  enable  it  to  perform 
its  duties,     p.  74,   sec.   15. 

24.  Commission  to  have  free  tran.sportation  when  on  oflicial  duties,  p.  74, 
sec.   15. 

25.  Roads  to  b-e  classified  by  commission,  which  classification  may  be  changed 
from  time  to   time.     p.  74,  sec.  16. 

26.  Commission  may  change  classification  of  articles  whether  fixed  Ijy  statute 
or  otherwise,     p.  75,  sec.  16. 

27.  Commission   not   to  increase  rates  established  by  statute,     p.   75,   sec.   17. 

28.  Statutoo"  rates  to  be  enforced  by   commission,     v.   75,   sec.   IS. 

29.  (13)  Commission  to  prepare  suitable  blanks  for  carriera  to  report  oni  p.  75, 
sec.   19. 

30.  (13)  Carrier  to  fill  out  blanks  and  verify  under  oath  of  office,  infoi-mation 
contained,     p.   75,   sec.   19. 

31.  (11)  Commissioner  or  employe  of  commission  to  inspect  any  books  or  papers 
or  to  examine  under  oath  any  officer,  nsent  or  emiiloyee  of  railroad  company, 
p.  76,  sec.  20. 

32.  (13)  Railroads  to  make  annual  reports  of  business  to  commission,  p.  76, 
sec.  20  1-2. 

33.  (13)  Books,  papers  and  records  of  railroad  to  be  produced  on  order  of  com- 
mission, p.  76,  sec.  21. 

34.  (37)  Railroads  to  report  accidents  to  commission,     p.  77,  sec.   22. 

35.  (6)  Any  person,  firm  or  corporation,  association,  club  or"  society,  or  munici- 
pal organization  may  make  complaint  on  any  matter  affecting  the  transportation 
of  persons  or  property,     p.  77,  sec.  23. 

.36.  (6)  I'pon  complaint  being  filed  commission  to  notify  carrier  ten  da\s  be- 
fore hearing  thereon,     p.  77,   sec.  23. 

37.  (fi)  Complaints  regarding  several  rates  rnaj'  have  .separate  hearing,  p.  78, 
sec.   24. 

.38.  (6)  Complaint  not  to  be  dismissed  because  (if  absence  of  direct  damage  to 
complainant,     p.  78,  sec,  24. 

29.     (6)  Commission   may   proceed    without   complaints   filed,     p.    78,    sec.   2C. 

40.  (6)  Any  commissioner  may  administer  oaths,  certify  acts  , issue  subpoenas, 
p.  79,  sec.  26. 

41.  (6b)  On  application  of  any  commissioner,  court  to  issue  citation  to  wit- 
ness compelling  attendance,    and  to  testify  and  produce  papers,     p.  79,    sec.   26. 

42.  (14)Witness  not  to  be  excused  through  evidence  incriminating,  but  such 
evidence  not  to  be  used  in  any  criminal  prosecution  against  such  witness,  p.  79, 
sec.  26  1-2. 

43.  Witness  entitled  to  fees  and  mileage  when  subpoenaed  by  commission,  p. 
SO,   sec.   27. 

44.  (14)  Commission  may  take  evidence  by  depositions,     p.  SO,   sec.  28. 

45.  Complete  record  of  all   hearings  to  be  kept.     p.   SI,   sec.   29. 

46.  Transcribed  copy  of  evidence  certified  to  by  oflicial  stenographer  can  be  re- 
ceived  as  correct  evidence,     p.   81,   sec.   29. 

47.  Commission  may  at  any  time  upon  notice  fix  rates  for  future  obser\-ance. 
p.  81,   sec.  .';0. 

48.  (3)  Carrier  must  observe  rates  fixed  by  commission,     p.  82,  sec.   30. 

49.  Commission  may  amend  or  revise  any  rate  or  schedule  fixed  by  it.  p.  82, 
sec.  31. 

50.  (4)  Upon  failure  of  roads  to  agree  upon  joint  rate,  commission  may  appor- 
tion,   p.  82,  sec.  32. 

51.  (3)  Upon  failure  of  connecting  carriers  to  establish  joint  rate  commission 
may,   after  notice,   fix  the   same.     p.   83,   sec.   33. 

52.  (6)  Connecting  carriers  may  be  joined  in  one  proceeding  on  hearing  on  joint 
rates,     p.  83,  sec.  34. 

53.  (3)  Carrier  dissatisfied  by  the  rates  fixed  by  commission  may  appeal  there- 
from to  circuit  court,     p.  83,   sec.  30. 


SYNOPSES  OF  COMMISSION   LAWS. 


103 


54.     (3;  Railroad    commihsion    to    be    defendant    in    aiiptals    from    its    orders,      p. 

84,  sec.  £6. 

■55.     (3)  Either   party   may   appeal    from    circuit    court   to    the    supreme    court,     p. 

85,  sec.  37. 

56.  (3)  In   appeals   b>'   commis.sion    no   bond    required,      p.   8j,    sec.   .'.". 

57.  (9)  Appeals  under  this  act  shall  have  precedence  over  other  appeals,  p.  87, 
sec.  37. 

58.  (3)  Carrier  on  appeal  from  commi-'-'sion  may  stay  order  of  commission  oy 
filing  bond.     p.  88,  sec.  S7. 

59.  (3)  Any  person  damaged  by  reason  of  stay  of  an  order  of  commission  ap- 
pealed therefrom  may  sue   on  bond  staying  order,     p.   90,   sec.  37. 

60.  No  order  of  commission  shall  be  stayed,  except  upon  special  hearing  by 
court  after  five  days'  notice  to  commission,  and  by  filing  of  bond.     p.   90,  sec.  38. 

61.  Any  shipper  injured  by  reason  of  stay  of  order  of  commission  to  have  right 
of  action  on  bond  filed  by  carrier,     p.  93,  sec.  38. 

62.  Rates  fixed  by  commission  unless  changed  by  court  shall  remain  the  rates 
unless  changed  by   cominission.     p.   93,   sec.   37. 

63.  (3)  In  appeals,  decree  of  court  affirming  commission,  must  direct  the  car- 
rier  to  obser\-e  such  order,     p.   94,   sec.   40. 

64.  (3)  Actions  to  contest  rate  or  order  fixed  by  commission  or  rate  .fixed  by 
law,  must  be  commenced  within  tsventy  days  after  the  taking  effect  of  such  rate 
or  order,     p.  91,  sec.  41. 

65.  (7-8)  Rates  or  orders  made  by  commission  prima  facie  just  and  reasonable, 
p.   S5,  sec.  42. 

£6.  (3"!  Court  affirming  order  of  commission  shall  especially  enjoin  carrier  to 
obey  the  same.     p.  94,  sec.  40. 

67.  (9  &  25)  Commission  may,  by  mandamus,  force  obedience  to  orders,  p.  94, 
sec.   41. 

68.  (9)  Attorney  general  or  attorney  appointed  by  governor  to  appear  for  com- 
mission  in   mandamus   proceedings,     p.   95,    sec.   41. 

69.  (7  &  8)  All  rates  and  orders  made,  by  commission  shall  be  deemed  fair  and 
reasonable  until  contrary  shown,     p.   95,  sec.  42. 

70.  Any  foreign  corporation  commencing  an  action  in  the  Federal  courts,  set 
aside  any  order  or  annul,  fixed  by  the  commission,  or  to  remove  any  proceedings 
in  the  State  courts  involving  any  rate  or  order  fixed  by  the  commission,  to  the 
Federal  court,  shall  forfeit  its  right  to  business  in  this  state,     p.  98,  sec.  43. 

71.  Cost  may  be  taxed  against  railroad  in  any  v)roceedlng  under  this  act.  p. 
97,  sec.  44. 

72.  Carrier  charging  excessive  rate  must  refund  the  same  within  60  days,  under 
penalty  not  exceeding  $1,000.     p.  98,   sec.  45. 

73.  (23)  Rights,  actions,  penalties  and  forfeitures,  uiuUr  this  act  cumulative 
and  shall  be  no  bar  to  other  actions,     p.  98,   sec.  46. 

74.  Substantial  compliance  with  this  act  by  commission  sufficient,     p.  98.  sec.  47. 

75.  (3)  Commission  to  have  all  powers  necessary  for  regulation  of  common 
carrier,   not  specially  enumerated,     p.  99,   sec.  48. 

76.  (13c)  Commission  to  investigate  violatiton  of  inter-state  commerce  rules, 
and   may  petition   inter-state  commission   for  relief,     p.   99,   sec.   49. 

77.  (3a)  When  public  interest  demands  it,  commission  may  suspend  an>-  rate  or 
order  fixed  by  it.     p.  99,   sec.  50. 

78.  Commission  to  make  rules  and  regulalions  for  issue,  sale  or  redemption 
of  interchangeable  ticket  for  mileage  book.     p.  142. 

79.  (38)  Any  officer,  agent  or  employe  of  common  carrier,  knowingh-  charging 
greater  rate   than    allowed   by   law,    guilty    of   misdemeanor.      )).    141. 

80.  (65)  An  act  establishing  maximum  freight  rates,     p.    14.">. 

SI.  (29)  Application  for  tliree  cars  must  be  supplied  within  two  days,  not  more 
tlian  ten  cars  within  five  days,  more  than  twenty-five  within  ten  days,  or  pay  ship- 
per .?1.00  per  day  per  car  for  such  failure,     n.   101. 

82.  (40)  Loaded  cars  must  be  received  and  forwardi  d  at  least  50  miles  per  day. 
p.   162,  sec.  2. 

83.  (40)  Railrcad    failing   to    forward    freight  ."o   milts   per  day,   shall   le  I'able  to 


104 


SYNOPSES  OF  COMMISSION  LAWS. 


shipper  $1.00  per  day  per  car,  or  one  cent  per  day  per  hundred  pounds,  in  less  than 
car  load  lots.     p.  162,  sec.  2. 

84.  (42)  Railroads  shall  notify  consignee  upon  arrival  or  shipment,    p.  163,  sec.  3. 

85.  (43)  Railroads  must  place  cars  at  reasonable  places  for  unloading  within 
24  hours  after  arrival,     p.  164.  sec.  4. 

S6.  (44)  Freight  in  car  load  lots  or  at  car  load  rates,  or  freight  taking  track  de- 
livery, subject  to  the  provisions  of  this  act.  p.  164,  sec.  5. 

87.  (45)  Shipper  must  load  car  within  48  hours  or  pay  $1.00  per  day  per  car  for 
such  failure,    p.  164,  sec.  6. 

88.  (46)  Car  detained  by  shipper  failing  to  give  proper  shipping  instructions  or 
for  improrer  loading.     Shipper  to  pay  $1.00  per  day  per  car.     p.  165,  sec.  7. 

89.  (47)  Notice  required  by  this  act  may  be  personal  or  by  mail,  if  latter,  24 
hours  additional  time  allowed  without  demurrage  charge,     p.  166,    sec.   S. 

90.  (4S)  Freight  not  moved  from  depot  within  48  hours  after  notice  of  arrival, 
liable  to  storage  charges,     p.  166,   sec.   9. 

91.  (49)  Shipper  must  unload  car  within  48  hours  after  notice  of  arrival,  ex- 
cept certain  goods  may  be  allowed  72  hours,  shall  te  liable  for  demurrage  charges, 
p.  167,   sec.  10. 

92.  (50)  Excessively  inclement  weather,  time  shall  be  added  for  loading  and 
unloading,     p.  167,  sec.  11. 

93.  Reasonable-  time  additional  allowed  person  living  more  than  three  miles 
from  depot  to  load  or  unload  freight,     p.  168,  sec.  12. 

94.  Cars  loaded  with  goods  for  export,  10  days  allowed  for  unloading  at  port, 
p.  168,  sec.  13. 

95.  (52)  Company  may  unload  car  in  depot  and  charge  storage  in  lieu  of  de- 
murrage,    p.  168,  sec.  14. 

86.  (52)  Shipper  liable  for  storage  or  demurrage  charges  on  goods  not  accepted 
by  consignee,     p.  168,  sec.  15. 

97.  (54)  No  discrimination,  rebate  or  drawback  to  be  allowed  on  demurrage 
charges,     p.  169,  sec.  17. 

98.  (55)  Demurrage  not  to  be  charged  on  private  cars  on  private  tracks,  p. 
169,  sec.  IS. 

99.  (59)  Person  entitled  to  actual  damage  in  addition  to  demurrage,  p.  170, 
sec.  21. 

100.  Terminal  or  switching  company  causing  shipper  or  carrier  delays  liable  for 
demurrage  charges,  to  such  shipper  or  carrier,     p.   170,   sec.  22. 

101.  (01)  Claim  against  carrier  not  paid  within  CO  days  to  be  trebled,  p.  171, 
sec.  23. 

102.  (62)  Person  ordering  cars  without  intention  to  use  .«ame  guilty  of  misde- 
meanor,    p.  171.  sec.  24. 

103.  Carrier  may  commence  action  in  circuit  or  chancer>'  court  to  test  validity 
of  rate  fixed  ty  statute,    p.  225,  sec.  1. 

104.  In  action  by  carrier  to  test  validity-  of  rate  fixed  by  statute,  railroad  com- 
mission shall  be  made  defendant,     p.  225,   sec.   1. 

105.  Commission  or  carrier  may  appeal  from  decision  of  circuit  or  chancery 
court  en  decision  on  rate  fixed  by  statute,     p.  226,  sec.  2. 

106.  No  injunction  or  decree  to  be  made  suspending  or  staying  rates  fixed 
by  statute,  except  upon  hearing  after  five  days'  notice,     p.  228,  sec.  3. 

107.  Foreign  corporation  that  shall  petition  the  removal  of  any  action  against 
it  pending  in  the  State  court  to  the  Federal  courts  shall  ipso  facto  forfeit  its  right 
to  do  business  in  the  state,     p.  2^0. 

lOS.     (116)  Full  fare  passenger  rates  not  to  exceed  2  1-2  cents  per  mile.     p.  3fi. 
1(9.     (15e)  Free  passes,  rebates,  reductions  or  discounts  by  common  carriers  un- 
lawful,    p.    37. 

110.  (21)     All   railroads  are  common  carriers,     p.   49,   sec.   1. 

111.  (10)  Railroads  must  keep  printed  schedules  and  post  same  in  conspicuous 
places,     p.    49,   sec.  2. 

112.  (3)  Railroads  shall   establish  joint  rates,     p.  50,   sec.   2. 

113.  (3)  .\11  schedules  of  rates,  including  interstate  rates  and  tariffs  shall  be 
filed   with   railroad  commission,     p.   TO,   sec.  2. 


SYNOPSES  OF  COMMISSION  LAWS.  iQ^ 

114.  (10)  Schedules  shall  not  be  changed  except  l)y  approval  of  commission, 
p    51,  sec.  3. 

115.  Notice  of  change  of  rates  to  be  posted   in  depots,     p.  51,   sec.   4. 

116.  Rates  to  be  cliarged  to  be  same  as  those  in  published  schedules,  p.  51, 
sec.  5. 

117.  Copies  of  all  contracts  entered  into  between  common  carriers  to  be  filed 
with  commiss'on.  p.  52,  sec.  5. 

lis.  Annual  report  of  all  free  passes  or  tickets  at  reduced  rate  issued,  to  be 
made  by   railroads  to   lailroad  commission,     p.   52,   sec.   7. 

119.  (15a)  Rebates  and  unjust  discrimination  by  railroads  defined  and  prohibited 
—penalty,  $100  to  $10, COO.     p.  .52,  sec.  S. 

120.  (15a)  Reduced  rates  in  consideration  of  shipper  furnishing  portion  of  ship- 
ping facilities  prohibited,     p.  53,  sec.  9. 

121.  (.3)  Joint  rates  must  be  reasonable;  unreasonable  charges  unlawful,  p. 
53,  sec.  10. 

122.  (4)  Less  charge  for  one  railroad's  proportion  of  a  joint  rate  than  local  rate 
is  not  discrimination,     p.  53,  sec.  10. 

123.  Special  contract  rates  by  railroads  permitted  if  open  to  all  shippers,  p.  53, 
sec.  11. 

124.  Special  contract  rates  to  be  under  supervision  of  railroad  commission,  p. 
53,  sec.  11. 

125.  (IV)  Different  railroads  in  same  town  shall  make  ph.vsical  connections  upon 
oi'der  of  commission,     p.  53,   sec.  12. 

126.  (IV)  Railroads  having  physical  connections  with  one  another  to  furnish 
proper  facilities  for  interchange  of  traffic,     p.  53,   sec.   12. 

127.  Duty  of  railroads  to  make  switch  connections  with  other  railroads  or 
private  shipper,  when  same  is  reasonable  and  practicable,  cars  to  be  furnished 
therefor,     p.  54,   sec.  13. 

128.  Track  connections  to  be  made  by  intersecting  or  connecting  roads  for  trans- 
ferring cars.     p.  54,  sec.  14. 

129.  Reasonable  and  equal  facilities  for  interchange  of  cars  to  and  from  inter- 
secting or  connecting  lines  to  be  furnished,     p.   55.   sees.  14-15. 

130.  Connecting  railroads  to  pay  proportionate  share  of  expense  of  making 
track  connections,    p.  55,  sec.  14. 

131.  Railroads  must  switch  cars  to  and  from  connecting  line  for  reasonable 
compensation,   and  without  discrimination  or  delay,     p.   55,   sec.   15. 

132.  (15b')  Preference  to  be  given  live  stock  and  perishable  goods  in  switching 
cars  to  and  frcm  connecting  lines,  p.  55,   sec.  15. 

133.  (39)  Railroads  to  furnish  cars  to  shipper  upon  such  reasonable  notice,  as  is 
prescribed  by  commission,    p.  55,  sec.  16. 

134.  (15)  Preference  net  to  be  shown  in  distribution  of  cars  to  shippers,  p. 
56,  sec.  Ifi. 

125.  Ho)  I'njust  disci'iminali<in  as  to  person  or  locality  prohibited;  penalty, 
p.   56,  sec.  17. 

136.  For  any  person,  fii-m  or  coriioration  to  accept  knowingly  any  rebate,  con- 
cession  or  discrimination   is   misdemeanor,     p.  56,   sec.   18. 

137.  (3)  Adequate  depots,  ticket  oflices,  side  tracks,  switches,  etc.,  to  be  furn- 
i.<^hed  at  regular  stations;  and  to  be  kept  clean  and  comfortable:  sufficient  employes 
to  take  rare  of  traffic  to  be  furnished,     p.  57.  sec.  19. 

135.  (3)  Adet|uate  passenger  and  fre'ght  depots  to  be  rstablished  on  order  of 
commission,     p.  57,   sec.  20. 

139.  Spur  tracks  to  be  established  to  established  industries  ujion  order  of 
commission,     p.  58,  sec.   21. 

140.  I'nion  passenger  depots  to  be  established  in  cities  upon  order  of  commis- 
sion; cost  of  to  be  divided  commensurate  with  revenues  of  each  road.  p.  58,  sec.  22. 

141.  Duplicate  freight  receipts  to  be  issued  on  demand,  and  must  set  forth  class, 
rate,  and  aggregate  charge,     p.  58,  sec.  23. 

142.  (15)  Railroads  shall  receive  all  consignments,  and  forward  same  without 
delay  in  compliance  with  rules  of  comission;  liability  for  failure  so  to  do  to  be 
actual   damage  and   demurrage  penalties,     p.  58,   sec.  24. 

143.  Freight  charges  to  be  settled  according  to  rate  stipulated  hi  bill  of  lading. 


]()g  SYNOPSES  OF  COMMISSION  LAWS. 

if  said  rate  conforms  to  rates  filed   with  interstate  commerce  commission   or  state 
commission,     p.  ;9,   so.  25. 

144.  Freight  to  be  delivered  to  consignee  upon  tender  of  rate  stipulated  in  bill 
of  lading  or  rate  and  classification  liled  with  state  commission  or  interstate  com- 
n:erce   commission,  p.   TO,   sec.   25. 

145.  Only  pro  rata  charge  to  be  collected  on  consgnmenls  if  portion  thereof 
have  not  arrived,     p.  fiO,   sec.   26. 

146.  (23)  Rights  under  this  act   cumulative,   p.  CO,    sec.   27. 

147.  Carrier  not  paying  just  claim  for  overcharge  within  tj;j  days  after  jiresenta- 
tion,  to  pay  claimant  one  dollar  rer  da.v  additional  for  each  days  further  d?lay. 
p.  60,  sec.  28-29. 

148.  (15e)  Free  or  reduced  rates  may  he  given  to  the  United  States,  State  or 
municipality,  or  for  charitable  purposes,  or  to  its  or  other  railroads'  employees,  or 
to  persons   authorized  by  law  to  accept  .same.     p.   61,    sec.  30. 

149.  Any  violation  for  which  no  penalty  is  provided,  penalty  to  be  forfeiuire  of 
from  ?100  to  ?10,000.     p.  61,   sec.  31. 

150.  In  addition  to  any  forfeiture  or  penalty  for  violation  of  act  or  order  of 
commission,    carrier  liable   in   damages   to   party   injured,     p.    62,    sec.   31. 

151.  Act  of  officer,  agent  or  employee  witliin  seoMe  (if  his  authority  deemed  act 
of  carrier,    p.  62,  sec.  31. 

152.  (3)  Commission  to  enforce  all  laws  to  regulate  railroads  and  other  trans- 
portation companies,     p.  62,  sec.  32. 

153.  (26)  Ifnconstitutionality  of  any  part  of  act  not  to  insalidate  remainder, 
p.  62,  sec.  S3. 

ARKANSAS. 

(References  are  to  Laws  11^89  and  to  Chapter  53  thereof  unless  otherwise  indicated.) 

1.  (1)  Coinmission  to  consist  of  three  persons,  ([ualifled  voters,  twenty-n\  e  years 
of  age;  not  to  be  interested  in  any  railroad;  elected,     sec.  1. 

2.  Commissioner  disqualified  must  remove  disqualitication  or  resign,  failure  to 
do  so,  he  may  be  suspended  by  the  governor,     sec.  2. 

3.  (la)  Shall  hold  no  other  office  and  shall  not  engage  in  any  other  business 
or  occupation   inconsistent   with   the   duties   of   commissioner,     sec.   3. 

4.  (1)  Vacancies  to  be  filled  by  governor  for  remainder  of  unexpired  term, 
sec.  4. 

5.  (2)  Commissioners   shall  meet   at  capitol   and  organize,     sec.   6. 

6.  (2)  Shall  elect  their  own  chairman,     sec.  6. 

7.  (2)  Majority  of  commission  is  quorum,     sec.  6. 

N.  (2)  Shall  appoint  a  secretary  at  salary  not  to  exceed  .'?1.500,  and  stenog- 
rapher at  salary  not  to  exceed  J'1,CG0.     sec.  6. 

9.  Secretary  shall  keep  correct  minutes  and  perform  other  duties  prescribed 
by  the  commission,     sec.  6. 

10.  (2)  Commission   may   make   all   needfid   rules   for  its  government,     sec.   0. 

11.  (2)  Shall   be  known   as    "Railroad   Commission   of  Arkansas."     sec.   6. 

12.  Seal  shall  be  coat  of  arms. 

13.  (2)  Shall  have  office  at  state  capitol.     sec.  6. 

14.  After  first  year  expenses  not  to  exceed  $500  per  year.     sec.   6. 

15.  (2)  Commissioners'  secretary  and  stenographer  to  have  actual  traveling  ex- 
penses when  on   business  of   com.mission.     sec.   7. 

16.  (2)  Expenses  to  be  paid  on  order  of  governor,     sec.   7. 

17.  Commission  may  make  requisition  in  name  of  state  on  any  railroad  for 
transportation  of  itself  and  employees,     sec.  7. 

18.  Railroads  may  furnish  transportation  to  commissioners  and  employees  when 
on  business  of  commission,     sec.  7. 

19.  (2a)  Commission  may  hold  sessions  at  any   place,    sec.  8. 

20.  (10)  Railroads  and  express  companies  must  furnish  rate  sheet  and  tariff 
charges  within  15  days  after  notice  to  do   so.     sec.   9. 

21.  (3)  Commission  may  examine  and  revise  rate  sheet  and  tariff  charges, 
sec.  9. 


SYNOPSES  OF  COMMISSION  LAWS.  iq' 


22.  (3)  Commission   shall    make  rulrs  and   regulations  as  to   charges,   sec.  i). 

23.  (3)  Commission  must  first  give  notice  to  parties  effected  before  making  rules 
or  regulations,     sec.   9. 

24.  (3)  Railroads  to  have  hearing  on  the  fixing  of  rates  or  making  of  rules  or 
regulations  effecting  them.     sec.  9. 

25.  (12)  Commission  shall  take  into  consideration  character  and  nature  of 
service  performed,  entire  earnings,  expense  of  operating,  income  and  value  thereof, 
in   making   rates,     sec.     9. 

26.  (10)  Tariff  sheets  approved  shall  be  served  upon  company,  and  kept  posted 
for  at  least  five  days  before  going  into  effect,     sec.   9. 

27.  Notice  to  change  tariff  sheets  shall  be  posted  for  at  least  five  days  before 
going    into    effect,     sec.    9. 

28.  Commission  shall  fix  rates  of  railroads  and  express  companies  failing  to 
furnish   rate   sheets,     sec.    9. 

29.  Commission  shall  not  alter  or  change  rates  except  upon  ten  days'  notice 
of  company  effected   thereby,     sec.   9. 

30.  (10)  Transportation  companies  must  keep  posted  at  all  its  depots  in  a  con- 
spicuous  place,    printed   schedules,     sec.    10. 

31.  All  schedules  shall  be  posted  for  at  least  five  days  before  going  into  effect, 
sec.   10. 

.32.    New  schedules  must  be   posted   five  days   before  going   into  effect."     sec.   10. 

33.  (40)  Company  must  accept  all  property  offered  for  shipment  at  rates  speci- 
fied, and  shall  if  demanded  issue  duplicate  receipts  therefor,     sec.   10. 

34.  Schedule  of  rates  to  point  subject  to  competition  by  water  route  not  con- 
trolled by  this  act  or  complying  with  this  provision,  may  be  posted  ic  go  into 
immediate  effect,     sec.     10. 

.35.     (15  VI)  Railroads  shall  not  grant  any  special   favors,     sec.   11. 
.36.     (15  VI)  Rebates   prohibited,     sec.   11. 

37.  (15)  Transportation  companies  must,  without  discrimination  or  dela\-.  furn- 
Lsh  equal  and  sufficient  facilities  for  the  transportation  of  passengers,  and  freight, 
carried  by  it  or  in  connection  with  any  other  company,     sec.   11. 

38.  (15e)  It  shall  be  unlawful  for  any  transportation  company  to  enter  into  any 
pooling  contracts  or  agreements,  but  certain  free  and  reduced  transportation  per- 
mitted,    sec.  12,     See  also,   Ch.  119,  sec.  38,   Laws  '99. 

39.  (V)  Pooling  contracts  are   forbidden,     sec.   12. 

40.  (15e)  Transportation  may  be  furnished  to  officers,  agents,  employes,  at- 
torneys, or  stockholders  of  railroad  company,    sec.  12. 

41.  (15c)  Transportation  company  must  not  receive  more  for  short  haul  than 
for  long  haul  for  same  kind  and  class  of  goods,     sec.   13. 

42.  (l*-)  Everything  declared  in  the  act  to  be  unlawful,  is  absolutely  nrdhibited. 
sec.    14. 

43.  (17)  Every  transportation  company,  guilty  of  violation  of  this  act.  shall 
bo  liable  to  the  person  injured  in  double  the  amount  of  the  actual  damage,    sec.  14. 

44.  (6)  Commission  shall  hear  all  complaints  made  by  any  person,  firm  or  cor- 
poration, and  shall  conduct   investigatiton   thereon,   sec.  15. 

45.  (6)  Any  party  may  be  heard  before  the  commission,  either  in  nerson  or  by 
attorney,    sec.  15. 

46.  Transportation  comiumy  shall  not  l)e  civill.\-  or  eriminall.\-  liable  for  the 
making  of  any  charge  which  has  been   authorized   by  the  commission,     sec.  15. 

47.  (11)  Every  railroad  or  express  companj-  doing  business  in  the  State  shall 
furnish  the  commission  all  information  within  its  possession  demanded  by  the 
commission,  relative  to  the  management  of  their  respective  lines,  and  connecting 
Imes.    sec.  16. 

4S  (13)  Every  ra'lroad  and  express  company  shall  make  an  annual  reiiort  to 
the  commission,     sec.  17. 

49  (13a)   Any  failure  to  make   reiiort  .«hall   be  .$;"()  per  day   to  be  recovered  in  an 
■  action  in  the  name  of  the  State.     17. 

50  Any  report  of  the  railroad  com))an>-  shall  show  all  receipts  and  ix'iendi- 
tures.    17. 

51  (21)  All  violations  of  this  act.  or  any  rules  or  regulations  of  the  commission 
by  any  railroad  or  express  company,  shall   be  liable  to   the  penalty   not  less  than 


108  SYNOPSES  OF  COMMISSION  LAWS. 

$500  nor  more  than  $3000  for  each  violation.  18.  and  L.   '03  Ch.  5.     5  of  '03. 

52.  Commission  shall  institute  actions  for  the  recovery  of  penalties  for  the 
violation  of  this  act,  through  the  Prosecuting  Attorney  of  the  proper  district.  No 
such  suit  shall  be  dismissed  or  compromised  without  the  consent  of  the  commis- 
sion.    18. 

53.  On  refusal  of  the  Prosecuting  Attorney  to  bring  suit,  commission  will  em- 
ploy other  attorney.    IS. 

54.  Commission's  decisions  shall  be  in  writing,  and  shall  be  spread  upon  the 
record  kept  for  that  purpose.    19. 

55.  (3)  All  determinations  by  said  commission  duly  certified,  shall  be  received 
in  all  civil  actions  in  the  Courts  of  this  State  as  prima  facie  evidence,  that  such 
determination   was  right  and  proper.     19. 

56.  (3)Findings  of  this  commission  shall  be  received  in  all  courts  as  piima 
facie  correct.    19. 

57.  Acts  shall  not  be  construed  as  to  affect  interstate  business.    20. 

58.  Commission  shall  make  a  report  of  its  expenses  at  the  end  of  the 
month.    21. 

59.  (9)  Company  may  be  compelled  by  mandamus  to  comply  with  this  act  or 
order  of  the  commission,  such  action  to  be  in  name  of  state  on  relation  of  com- 
mission.   22. 

60.  (6)  On  complaint  of  any  person,  commission  shall  make  investigation  of 
discrimination   or   overcharge.     23. 

61.  (3)  This  act  shall  "Include  all  carriers  of  property  by  railroad  when  the 
same  are  designated  as  freight  or  exijress."    24. 

62.  (11)  Commissioners  or  either  of  them  may  inspect  books  of  railroad  com- 
panies.   25. 

63.  (11)  Railroad  company  refusing  to  permit  inspection  of  books,  shall  be  lia- 
ble to  a  fine  of  not  less  than  $100  nor  more  than  $500  for  each  day  of  such  refus- 
al.   25. 

64.  (11a)  Officers  or  agents  to  railroad  company  refusing  to  show  books  of 
company  shall  be  fined.    26. 

65.  (12)  Commission  shall  ascertain  cost  of  construction  and  eciuipment  per 
mile,   and  also  amount  expended  for  right-of-wa>'.     27. 

66.  Report  of  the  commission  as  to  the  value  of  each  road  shall  be  filed  with 
the  Attorney  General,   and  with  the  State  Auditor.    27. 

67.  (13b)    Commission   shall  make  an   annual   report   to  the  Governor.    28. 

68.  (6b)  Commission  shall  have  power  to  subpoena  witnesses,  and  by  attach- 
ment compel  witnesses  to  come  before  it  and  testify;  under  refusal  of  any  witness 
to  testify,  the  commission  may  fine  and  imprison  such  witness  for  such  con- 
tempt.   29. 

69.  (14)  Witnesses  shall  be  allowed  fees  when  residing  outside  of  the  county 
where  hearing  is  held,  except,  witnesses  interested  in  road  shall  not  be  entitled 
to  per  diem  or  mileage,  where  free  transportation  is  used.     29. 

70.  In  contest  before  the  commission,  the  unsuccessful  may  be  taxed  costs. 
29. 

71.  (14)  Witnesses  shall  be  immune  from  criminal  prosecution  for  acts  testified 
to   before  such   commission.    29. 

72.  (23)    The   provisions   of  this    act   are   cumulative.    30. 

73.  (2)  The  board  may  from  time  to  time  employ  an  expert  and  tix  his  com- 
pensation.   Ch.   119,   sec.   2. 

74.  Branch  line  roads  may  compel  main  lines  to  agree  on  joint  rates.  Ch.  119, 
sec.    3. 

75  .(3)  Commission  shall  investigate  public  demand  for  any  proposed  branch 
line  of  the  road,  and  if  necessary  shall  establish  joint  rates  on  it  and  the  mam 
line.    Ch.  119.  sec.  9. 

76.  (6b)  Each  commissioner  and  the  secretary  sliall  have  power  to  adminioier 
oaths.    Ch.   119,  sec.  9. 

77.  (15b)  The  railroad  shall  receive  and  forward  without  discrimination,  freight 
received  from  connecting  lines.    Act   Apr.   8,   '03,   sec.   1. 

78.  Railroads  shall  sell  tickets  for  just  compensation  to  any  point  within  the 
State  on  own,  or  connecting  line  of  railroad.    Act  Apr.  8,  '03.   sec.  2. 


SYNOPSES  OF  COMMISSION  LAWS 


109 


79.  Co)  Commission  shall  make  joint  rates  on  all  connecting  roads  in  the  State. 
Act  Apr.   8,   •03,  sec.   3. 

80.  (4)  If  roads  cannot  agree  on  distribution  of  joint  rates,  commission  may 
order  division.     Act  Apr.  8,  "03,  sec.  4. 

81.  Penalties  for  the  violation  of  this  act  shall  bo  recovered  by  the  commis- 
sion through  the  Prosecuting  Attorney  of  the  proper  district,  or  by  some  attor- 
r.eys  selected  by  the  commission  on  the  refusal  of  the  Prosecuting  Attorney  to 
act.    Act  of  Apr.  8,    03,   sec.  5. 

82.  The  fee  allowed  to  the  Prosecuting  Attorney,  or  attorneys  selected  by  the 
commission,  shall  not  exceed  25  per  cent  of  the  amount  of  the  fine.  Act  of  Apr.  8, 
'OS,  sec.  5. 

83.  In  all  actions  by  the  State  for  violations  of  the  rates  fixed  by  the  com- 
mission, the  company  way  put  in  defense  the  unjustness  of  such  rate  so  fixed. 
Act  of  Apr.  S,  '03,  sec.  5. 

CALIFORNIA. 

(Following  references  are   to   Art.   XII   State  Constitution.) 

1.  Railroad   Commissioners   to   have   free   transportation   over  railroads.    19. 

2.  (15)  Discrimination  in  charges  or  facilities  for  transportation  by  railroads 
prohibited.    21. 

3.  State  to  be  divided   into   three   Railroad   Commissioner   districts.    22. 

4.  (1)   Term   of  office  four  years.    22. 

5.  (la)    Qualifications  of   Commissioners.    22. 

6.  (3)  Commissioners  to  have  power  to  establish  rates  and  charges  for  trans- 
portation of  passengers   and   freight.    22. 

7.  (11)  Commissioners  to  have  authority  to  examine  books,  records  and  papers 
of  all  railroad  and  transportation  companies.    22. 

S.  (6)  Commission  to  have  authority  to  issue  subpoenas  and  all  other  neces- 
sary process.    22. 

!.'.  (6)  Commission  to  have  authority  to  hear  and  determine  complaints  against 
railroads.    22. 

10.  Commission  to  have  authority  to  punish  for  contempt  of  their  order.s  to 
same   extent   as   courts   of   record.    22. 

11.  (13)  Commissioners  shall  prescribe  a  uniform  system  of  accounts  to  be 
kept  by   railroads.    22. 

12.  (5)   Penalty  for  refusal  by   railroads  to  obey   orders  of  Commission.    22. 

13.  (3)  Rates  and  fares  fixed  by  Commission  to  be  deemed  conclusive  in  court. 
22 

14.  (13b')   Commission  shall  make   annual  report  to  Governor.    22. 

1.5.  Legislature  may  enforce  this  Article  by  forfeiture  of  charter  or  otherwise. 
22. 

16.  (1)  Commissioners   subject   to   removal   by  two-tliird  vote  of  legislature.     22. 

17.  (lb)   Vacancies  in  Board   to   be   filled   by   appointment  by   Governor.    22. 
Following  references  are  to  Ch.  LIX,  Laws  of  'SO.) 

15.  (1)    Three   Commissioners    elected    by    districts.    1. 

19.  (1)  Oflficial  title  of  Board.  President  of  Board  to  be  elected  by  Commis- 
sion.   1. 

20.  (2)  Commission  to  appoint  a  secretary  and  bailiff  and  it  may  employ  a 
stenographer.    1. 

21.  (Id)  Salary   of   Commissioners  $4,000.     2. 

22.  (2)  Salary  of  secretary  $2,400.    2. 

23.  (2)   Salary  of  bailiff  $1,200.    2. 

24.  (2)  Commissioners  and  official  employes  to  have  their  traveling  expenses 
paid.    2. 

25.  Commissioners  allowed  $150  i)er  month  for  ofiice  rent  and  incidental  expen- 
ses.   2. 

26.  Stationery  and  printing  for  the  Commission  to  bo  furnished  by  the  State. 
2. 

27.  Commissioners  and  employes  to  have  free  transportation  on  common  car- 
riers.   3. 


no  SYNOPSES  OF  COMMISSION  LAWS. 

28.  (21)  Attorney  General  to  appear  for  Commis.sion  on  request  at  any  proceed- 
ings or  hearing's.     4. 

29.  Commission    may   employ    additional    counsel   to    assist    attorney   general.    4. 
SO.     (2)   Commission  shall   have  its  office  at   San   Francisco.    5. 

31.  (2a)   Commission  to  hold  sessions  at   least  once   a  month.    5. 

32.  (2a)   Commission   may   hold  sessions  any   place  within   the  state.    5. 

33.  (6a)   Sessions  of   Commission   to  be   public.    5. 

o4.  Notice  of  sessions  of  Commission  at  any  other  place  in  state  to  be  publish- 
ed in  newspapers.    5. 

i.5.     (2)   OfBcial   seal  and  official   use   of.    G 

i.6.  (6)  The  Commission  maj'  issue  writs  of  summon.s  and  subpoenas  in  like 
manner  as  courts  of  record.    7. 

37.     (2)   Duties  of  secretary   and   bailiff   of   Commission.    8. 

58.  Complaints  to  Commission   must  be  in   writing  and  under  oath.    8. 

59.  Complainant  may  bring  suit  in  any  court  of  competent  jurisdiction  based 
on  decision  of  Commission.    10. 

40.  (3)  Copies  of  rates  and  charges  fixed  by  Commission  shall  be  served  on 
common    carriers   interested.    11. 

41.  (10)  Rate  schedule  fixed  by  Commission  shall  be  posted  by  common  car- 
riers in  all  offices   and   station   buildings.    11. 

42.  (3)  Rates  and  charges  fixed  by  Commission  shall  go  into  effect  twenty  days 
after  service.    11. 

43.  Jurisdiction   conferred    on    Commission    under   constitution.    12. 

44.  (22)  Definition  of  term  transportation  companies  used  in  Commission  act. 
14. 

COLORADO. 

(References  are  to  Act  of  March  22,   "07.) 

1.  (22)  Act  to  apply  to  corijoration  or  person  engaged  in  transportation  of  pas- 
sengers or  property,  or  to  the  receiving  or  delivering,  storing  or  handling  proper- 
ty shipped.    1. 

2.  (22)  Local  roads  less  than  20  miles  in  length  and  street  railways  exempt 
from  operation  of  act.    1. 

3.  (22)  Definition  of  terms  "Common  carrier."  "Railroad"  and  "Transporta- 
tion." . 

4.  (3)  Carrier  to  provide  transportation   at  just  and  reasonable  rates.    2. 

5.  (3)  Unjust  and  unreasonable  rates  prohibited.    3. 

6.  (15)  Carrier  giving  any  rebate,  special  rate,  favor,  guilty  of  unjust  discrim- 
ination.   4. 

7.  (10)  Carrier  must  file  schedules  with  commission.    6. 

8.  Schedules  to  show  separately  joint  rates,  terminal,  storage  and  icing 
charges.    6. 

9.  (10)  Printed  schedules  to  be  kept  posted  in  two  public  places  at  every  de- 
pot.    6. 

10.  Carrier  must  give  30  days'  notice  to  commission  before  changing  rate,  ex- 
cept when  commission  permits  otherwise.     7. 

11.  (13)  Commission  may  prescribe  the  form  of  schedules.     7. 

12.  Carrier  violating  this  act  liable  to  damages  to  any  person  injured  thereby.  8. 

13.  Initial  carrier  liable  for  loss  of  goods  In  transit.     8. 

14.  Initial   carrier  may   recover  from   carrier  losing  or  damaging  goods.     S. 

15.  (38)  Director,  officer,  receiver,  etc..  or  agent  of  common  carrier  violating 
any  of  the  provisions  of  this  act,  guilty  of  misdemeanor,  subject  to  a  fine  of 
$1,000.     9. 

16.  Any  person  as  agent  or  otherwise,  soliciting  rebates  or  favors  guilty  of 
misdemeanor.     10. 

17.  Person  or  corporation  receiving  special  favors,  jointly  liable  with  carrier 
10  party  injured.    10. 

18.  (1)  Comission  composed  of  three  members;  one  must  be  a  lawyer,  and  one 
experienced  in  transportation  matters;  elected,  term  6  years;  vacancies  filled  by  ap- 


SYNOPSES  OF  COMMISSION  LAWS.  m 

pointment   by  gnxeriior;  ooinmission   to  eleft  one  member  ijresident  and  one  secre- 
tary.    11. 

19.  (la)  Person  interested  in  any  common  carrier,  including  pipe  line,  telegraph 
or  telephone,  or  express  business,  ineligibk';  commissioner  not  to  hold  any  position 
in  political  party.     11. 

20.  (Id)  Salary    of   commission   $3,000.      11. 

21.  Commission  and   employees  to  have   free   transportation   on  duty.     11. 

22.  (3)  Commission    to  examine  methods   and    conduct   of  common    carriers.     12. 

23.  (ISf)  Commission  may  subpoena  witnesses,  and  require  the  producing  of 
papers,  books,  etc.,  of  carriers.     12. 

24.  (21)  Attorney  general  at  reiiuost  of  commission  to  institute  proceeding.s  to 
enforce  act.    12. 

25.  (6b>  District  court  may  re()iiiie  witness  to  attend,  testify  or  produce  books 
or  papers.    12. 

26.  (14)  Witness  not  exempt  by  reason  of  testimony  incriminating,  but  such 
testimony  not  to  be  used  against   witness  in  criminal  proceedings.     12. 

27.  (6)  Any  person,  firm,  society,  club,  or  mimicipality,  may  petition  commission 
for  redrtss  cf  grievances  against   carrier.     13. 

28.  (6)  On  complaint  being  filed,  commission  shall  ask  carrier  to  satisfy  com- 
plaint  or  answer  the   same.     13. 

29.  Report  of  commission  on  any  matter,  and  a  decision  thereon  to  be  in 
writing.     14. 

30.  (20)  Parties  to  any  investigation  to  be  furnished  with  copies  of  reports 
thereof.      14. 

31.  Commission   to   publish   reports  of  decisions,    for   information   of   public.     14. 

32.  (6)  Commission  after  hearing  upon  the'  complaint  may  make  order  regu- 
lating any  rate  or  other  matter  complained  of.     15. 

33.  Orders  of  commission    not  to  extend    beyond   2  years.     15. 

£4.  Commission  after  hearing  may  award  damages  against  carrier  in  favor  of 
party  complaining.     16. 

35.  (3b)  Commission   may    suspend   or  modify   order  made   by   it.     16. 

36.  (5)  Every  common  carrier,  agents  or  employees  must  observe  and  comply 
with  orders  of  commission.     16. 

37.  (38)  Common  carrier,  officer  or  agent,  or  receiver,  trustee,  knowingly  vio- 
lating order  of   commission   to   forfeit   $1,(XI0.     16. 

38.  (21)  Attorney  general  or  district  attornejs  to  bring  action  to  recover  for- 
feiture.    16. 

i9.    Commission  may  employ  special  attorney.     16. 

40.  (21)  Commission  or  any  party  injured  may  bring  action  in  couit  to  compel 
carrier  to  comply   with   order  of  commissioner.     17. 

41.  (9)  Court  may  issue  writ  of  injunction,  mandamus  or  other  process  to 
compel  carrier  to  obey  orders  of  commission.     17 

42.  (3b)  Commission  may  grant  re-hearings  on  any  matter  determined  by,  it.     18. 

43.  (3)  Order  of  commission  in  (  ffect  5  da.vs  after  entry  thereof  unless  appealed 
from.     IS. 

44.  (3)  Appeals   from   order  of   cf>mmission  must  Ix'   taken    within   10  da.\'s.     IS. 

45.  Clerk   of  commission   shall   be  stenographer.     ]!». 
.     (2)  Office  of  commission  at  state  capitol.     19. 

47.  (2a)  Commission  may  hold  sessions  at  any  place.     19. 

48.  (11)  Commission   to   have   access   to   all   records,   books,    etc.,    of   carrier.     19. 

49.  (11a)  Refusal  to  permit  inspection  of  records  and  papers,  carriers  or  re- 
ceivers or  trustees  thereof  to  forfeit  X.5()0.     19. 

50.  (9)  District  courts  to  enforce  provisi(ms  of  act.  on  application  of  attDrnoy 
general,    m. 

51.  (3)  Appeals  may   be   had   from  district  court  to  supreme   court.     21. 

52.  (9)  Appeals  under  this  act  to  have   precedence   over  other  civil   acts.     21. 

53.  (3)  Railroads  to  furnish  cars  and  to  transport  freight   without  delay.     22. 

54.  (15b)  Railroads  must  accept  freight  and  passengers  from  connecting  carrier, 
and  to  take  cars  loaded  or  unloaded  from  such  carrier  without  discrimination.     22. 

Z5.    Demand  for  cars  exceeding  supply,  available  cars  to  be  distributed  to  appli- 


112  SYNOPSES  OF  COMMISSION  LAWS. 

cants  in   proportion   to   immediate   requirement,    without   discrimination;    preference 
to  be  given  to  live  stock  and  perishables.    22. 

56.  (3)  Commission  may  regulate  supplying  of  cars,  switching,  loading  and  un- 
loading same.     22. 

57.  (45)  Shipper  may  have  48  hours  free  time  for  loading.     23. 

58.  (45)  Cars  not  used  by  shipper,    no  free  time  deducted.     23. 

59.  (47)  Consignee   to  have  48  hours   for  unloading,     24. 

60.  (49)  Carrier  may  grant   an  extension   of  time   for  unloading.     24. 

61.  (39)  Carrier  must  furnish  cars  within  3  days  after  application.     25. 

62.  (39)  Demurrage  and  reciprocal  demurrage  rates  $1  per  day  per  car.  23,  24 
and  -25. 

63.  Carrier  liable  in  actual  damages  to  person  injured  for  failure  to  receive  and 
transport  freight  with  utmost  diligence.    26. 

64.  (28)  Accidents  resulting  in  the  loss  of  life  to  be  reported  to  commission.    27. 

65.  (28)  Commision  to  investigate   such  accidents.     27. 

66.  Commission  may  make  and  enforce  rules  to  prevent  accidents.     27. 

67.  (35)  After  investigation  and  hearing  commission  may  order  repairs  or  better 
facilities  in  respect  to  roadbed,  trackage,  rolling  stock,  stations  and  depots,  yards, 
switches,  signals  or  any  other  element,  or  the  service  of  any  common  carrier.     28. 

CONNECTICUT. 

(References  are  to  General  Statutes  1902,  unless  otherwise  indicated.) 

1.  (1  &  30)  Commission  of  three  members;  appointed  by  governor,  confirmed  by 
senate.     3876. 

2.  (1)  Term  4  years.     3877. 

3.  (la)  One  member  to  be  a  lawyer,  and  one  a  civil  engineer,  no  stockholder  or 
agent  of  railroad  or  street  railway  to  be  commissioner.     3878. 

4.  (2)  Commission  may   appoint  a  clerk.     3880. 

5.  (2)  Office   of  commission  state   capitol.     3S80. 

6.  (2)  Commission   to   keep   record   of   its   proceedings.     3881. 

7.  Salaries  and  expenses  of  commission  to  be  paid  by  railroads  and  street  car 
companies.     38.82. 

8.  (2)  Commission  may  ap])oint  an  electrical  engineer  and  other  experts  and 
agents.     3881. 

9.  Commisisoners   to  have  free  transportation,    when   on  duty.     3883. 

10.  (11)  Commission  to  examine  into  the  property,  business,  road  and  equip- 
ment of  railroads.     3884. 

11.  (3)  Commission  may  order  repairs  or  changes  made  to  road  bed,  bridges, 
depots,  cars  or  equipment.    3884. 

12.  (6a)  Commission  may  prescribe  the  time  ticket  offices  shall  be  kept  open, 
and  make  rules  as  to  platforms,  out  buildings,  or  the  furnishing  of  seats  to  pas- 
sengers, or  to  the  exchange   of   passengers  and  baggage  intersecting.     3884. 

13.  Commission  to  examine  all  roads  once  a  year.     3J;S7. 

14.  (133)  Commission   may  require   flagmen  at  crossings.     3888. 

15.  Commission   to   make  rules   for    heating  and   lighting   passenger   cars.     3890. 

16.  (6b)  Commission  to  examine  witnesses  under  oath.     3898. 

17.  (13b)  Commission  to  make  annual  report  on  railroads.     3899. 

18.  Commission  has  jurisdiction   over  street  railroads.     Laws  '05,    ch.   217. 

19.  Action  for  damages  against  railroad  company  must  be  brought  within  one 
year.     1119. 

20.  Live  stock  to  be  confined  in  cars  not  more  than  38  consecutive  hours.     1334. 

21.  Person  making  false  report  or  falsely  testifying  before  railroad  commission, 
guilty  of  felony.     1423. 

22.  Structures  over  track  to  be  at  least  18  feet  above  rail  unless  authorized  by 
railroad  commission.     1423. 

23.  Railroad  not  to  obstruct  highway  with  train  more   than  3  minutes.     2040. 

24.  Location  or  route  of  railroad  to  be  approved  by  railroad  commissioners. 
I  .   '05,   ch.   126;   3680. 

25.  Lands  for  additional  right-of-way  to  be  acquired  only  with  approval  of 
commission.    3684. 


SYNOPSES  OF  COMMISSION  LAWS 


113 


26.  Commission  may  determine  manner  of  roads  crossing  or  connecting  eacti 
other.    3698. 

27.  Commission  may  require  newly  constructed  highway  to  pass  over  or 
under  grade  of  railroad.     3711. 

28.  Commission  to  regulate   crossings  of   highways  and   railway.     3713. 

29.  Railroads  must  construct  and  maintain    cattle   guards.     3733. 

30.  Railroads  to  fence  right-of-way,    under  direction  of  commission.     3734. 

31.  Approaches  to  depots  and  stations  to  be  kept  open.     3755. 

32.  Railroads  must  schedule  trains  so  as  to  connect  with  other  trains  at  junc- 
tion or  common  points.     3756. 

33.  Upon  complaint  and  hearing  commission  may  fix  schedule  of  trains.     3757. 

34.  Railroad  to  give  competing  line   sama  rights  as  other  road.     3759. 

35.  Commission  may  make  i-ules  and  regulations  to  be  observed  by  connecting 
lines.    3759. 

36.  On  complaint  of  municipality  commission  may  order  additional  facilities 
between  connecting  lines.     3760. 

37.  (15b)  Connecting  road  must  accept  business .  from  other  ixiad  without  dis- 
crimination.    3761. 

38.  (32)  Freight  cars   to  have  automatic  couplers.     .3762. 

39.  Couplers  to  be  used  must  be  approved  by  commission.     .3762. 

40.  (6a)  Depots  must  be  provided   with  water  closets.     3766. 

41.  (Ca)  Lateness   of  trains  to  be  bulletined.     37G7. 

42.  (15c)  Charge  for  short  haul  not  to  be  greater  than  for  long  haul.     3772. 

43.  Schedule   rates  on   freight  to   include  terminal   charges.     3772. 

44.  Warnings  to  be  given  of  approach  of  train  at  railroad  crossing.     3785. 

45.  Commission  may  make  regulations  concerning  warnings  to  be  given  at 
crossings.     3792. 

46.  Trains  must  stop  at  approach  to  draw  bridge,  unle.ss  otherwise  permitted 
by  commission.    3793. 

47.  (28)  All  acicdents  resulting  in  personal  injury  must  be  reported  to  commis- 
sion within  24  hours.    3800. 

48.  (28)  Commission  must  examine  accidents,   make  investigation.     3800. 

49.  (13)  Railroads  must  make  annual  reports  to  commission,  on  forms  prescribed 
by  commission,  similar  to  forms  prescribed  by  inter  state  commerce  commis- 
sion.   3S19. 

FLORIDA. 

(References  are  to  General  Statutes  1906  unless  otherwise   indicated.) 

1.  (1)  Three  commissioners  elected  for  four  years.     2882. 

2.  (1)  Shall  select  their  own  chairman.     2882. 

3.  (Id)  Salary  $2,500   per  year.     2883. 

4.  (2)  Shall   be   entitled  to   railroad  fare    m    i)erl'()rming  duties.     2883. 

5.  (1)  Governor  may   remove.     2884. 

6.  (Ic)  Commissioners  shall  not  be  interested  in  any  railroad.  2885;  must  take 
oath   to  that  effect  as  well   as  general   oath.     2886. 

7.  Whenever  a  commissioner  becomes  disqualified,  must  remove  disqualifica- 
tion or  resign. 

8.  (2)  Shall  appoint  a  clerk  at  salary  of  $1,200.     2887. 

9.  (2)  Office  of  commission  at  state  capitol      2887. 

10.  (2a)  To  hold  sessions  anywhere  in  state.     2887. 

11.  Commission   limited   to  expenditures   of  $15,000  per  annum.     2SS7. 

12.  (6)  Common  carriers  shall  charge  only  reasonable  rate,  for  transportation 
of   passengers   and   freight.     2888. 

13.  (15)  l^njust  discrimination  prohibited.     2889. 

14.  (22)  "Railroad"  includes  bridges  and  ferries  used  in  connection  with  rail- 
road, and  terminal  companies  and  union  depot  companies  and  "railroad  corpora- 
tion or  railroad  company"  means  all  corporations,  individuals  or  association  of  in- 
dividuals in  whatever  capacity,  including  express  companies  :ind  sleeping  car 
companies,  operating  train   or  car  service.     2S9]. 


114 


SYNOPSES  OF  COMMISSION  LAWS. 


15.  (22)  "Common  carriers"  include  railroads,  steamboats,  terminal  stations, 
union  depots.     2S92. 

16.  (3)  Commission  shall  make  reasonable  and  just  rates  and  resulations  to  be 
observed  by  common  carriers,  including  joint  rates  and  establish  freight  and  pas- 
senger depots,  and  shall  control  passenger  and  terminal  depots,  and  compel  the 
establishment  of  union  depots  and  to  regulate  the  charges  of  storage  and  demur- 
rage,  and   may   regulate   refrigerator   cars,    and   rates   for  same.     2893. 

17.  (6)  Before   fixing  joint   rate,  commission   shall  give  hearing.     2894. 

IS.  Fixing  rates  commission  shall  consider  competing  points  and  water  trans- 
portation.    2S9J. 

19.  (3)  Commission  shall  reciuire  transportation  line  to  furnish  necessary  fa- 
cilities for  the  convenient  and  piompl  handling  transportation  and  delivery  of  all 
freight   offered.     2896. 

20.  May  rcQUire  common  carrier  to  transfer  freight  to  competing  line  if  com- 
peting line   is  shorter  and  quicker.     2897. 

21.  (130)  Commission  shall  investigate  interstate  rates  to  and  from  Florida  and 
call  upon  railroads  to  correct  any  abuses  therein,  or  may  report  to  interstate 
commerce  commission.     289S. 

22.  ,(21">  Attorney   general    shall    assist   commission.     2s98. 

23.  Commission  shall  furnish  each   railroad  with   a   schedule   of   rates.     2899. 

24.  ('!)  Rates  established  by  commission  shall  be  in  evidence  as  prima  facie 
rates.     2  99. 

25.  (6)  Commission  shall  give  notice  of  hearings;  notice  to  be  published  unless 
commission  deem  it  unnecessarA-.     2900. 

-6.     (10)  Railroads  shall  keep  posted  schedules  and   rate   sheets.     2903. 

27.  (11)  Commission    may   examine   books   of   companies.     2904. 

28.  (6)  May  make  rules  and  regulations  for  the  examination  of  witnesses  and 
examine    witnesses    under    oath.      2905. 

29.  (1   )  Railroads    must    make    annual    reports.      2906. 

oO.  .Ml  contracts  and  agreements  between  common  carriers  must  be  submitted 
to  commits. on  for  approval.  Commission  may  revise  or  correct  such  contracts. 
2007. 

31.  Joint  agreeinents  not  approved  l)y  commission  are  illegal  and  void.     2907. 

32.  For  violattion  of  act  the  commission  may  impose  penalty  for  each  offense 
not  to  exceed  $5,000. 

33.  (19)  Failure  of  company  to  jiay  fine,  commission  shall  institute  proceed- 
ings in  proper  county  through  attorney  general  to  collect  the  same.  The  imposing 
of  the  line  shall  be  prima  facie  evidence  of  correctness  thereof.     2909. 

34.  Commission   ma.v  suspend,  remit  or  reduce  any  fine  imposed  by   it.     2909. 

35.  Commission  upon  request  can,  and  upon  demand  must  institute  proceedings 
against  common  carriers  for  persons  damaged  for  violation   of   act.     2910. 

c6.  Any  consignor  or  consignee  may  maintain  action  in  damages  for  discrim- 
ination.    Actions  must  be  brought  witliin  one  year.     2911. 

37.  Measure  of  damages  shall  be  total  amount  of  overcharge  or  other  pecuniary 
injury,  with  interest  thereon,   and   all   expenses,   costs   and   attorney  fees.     2912. 

38.  Commission  may   unite  in   one  act,  claims  of  different  persons.     2912. 

39.  (23)  Remedies  t<i  injured  person  are  cumulative,  and  company  liable  also 
for  statutorj'  penalties.     2913. 

40.  Duplicate  freight  receipts  shall  be  given   to  shipper.     2914. 

41.  Receiving  carrier  responsible  for  safe  delivery-  of  freight  within  reasonable 
time,  determined  after  due  invstigation  by  commission.     2914. 

42.  (13b)  Commission  to  make  annual  report.    2915. 

43.  (fib)  Commission  may  issue  summons,  subpoenas,  duces  tecum  or  other 
writs  for  the  attendance  of  witnesses.     2916. 

44.  (6b)  May  issue  attachment  to  compel   attendance   of  witnesses.     2916. 

45.  Shall    have    power    to    punish    for    contempt.      2916. 

46.  (fib)  Commissioners   or  clerks  may   administer   oath.     2917. 

■17.  (6)  Witnesses  not  exempt  from  answering,  though  testimon.v  would  tend 
to  incriminate,  but  such  testimony  shall  not  be  used  against  him  in  any  criminal 
proceeding.     2917. 

48.    One  commissioner  may   be   authorized  to  make  an  investigation.     2917. 


SYNOPSES  OF  COMMISSION  LAW;S.  115 

49.  Persons  willfully  hindering  or  delaying  commission  in  discharging  their 
duties  maj''  be  declared  in  contempt.     2918. 

50.  (loe)  Carrier  may  make  special  rates  to  charitable  institutions,  fairs  and  ex- 
cursions; may  give  free  passes  to  its  own  officers  or  employes  and  families,  or  to 
officers  and  employes  of  other  roads.     2919. 

51.  (13)  Common   carrier   to   report   annually.     2920. 

52.  (21)  Commission  may  commence  suits  through  attorney  general,  or  special 
counsel   to  enforce  act,   by  mandamus,   injunction  or  other  writ.     2921. 

53.  Commissioners  are  vested  with  judicial  powers  for  any  function  necessary 
under  act.     2922. 

54.  (9)  Appeals  under  this  act  to  have  precedence  over  other   appeals.     2923. 

55.  (13c)  Commission  shall  prosecute  interstate  matters  before  niterstate  com- 
merce  commission.     2925. 

GEORGIA. 

(References  to   Act   No.   269,    Part  1,    Title   12,    Acts   ■78-"79.) 

1.  (1  &30)  Three  commissioners  appointed  by  governor;  confirmed  by  senate.   I. 

2.  (la)  One  commissioner  to  be  lawyer;  one  commissioner  to  have  railway  ex- 
perience.    I. 

3.  (1)  Term   of  office  six  years.     I. 

4.  (Id)  Salar>'  of  commissioners  $2,500.     I. 

5.  (1)  Any   commissioner  may  be  suspended  from  office  by  governor.     I. 

6.  Commissioner    may    be    removed    from    office    by    general    assembly.      I. 

7.  (lb)  Vacancies  of  commission  to  be  filled  by  appointment  by  governor.     I. 

8.  (Ic)  Qualifications  and  oath  of  office.     J. 

9.  (2)  Commission  to  have  office   at  Atlanta.     11 

10.  (2)  Commission   may  employ     asecretary  or  clerk  at  a   salary   of  $1,800.     IT. 

11.  (3)  Railroads   prohibited   from   charging   unreas<?nable   rates   for   fares.     III. 

12.  (15)  Unjust   discrimination    by   railroads   prohibited.     IV. 

13.  (3)  Commission  to  have  authority  to  make  reasonable  freight  and  passen- 
ger tariffs,  V. 

14.  (3)  Commission  to  have  authority  to  make  rwles  and  regulations  govern- 
ing  railroad  business.     V. 

15.  (3)  Commission  to  have  authority  to  make  rules  and  regulations  prohibit- 
ing unjust   discrimination.     V. 

16.  (3)  Commission  to  have  authority  to  fix  joint  rates  after  thirty  days'  no- 
tice and  hearing.  Said  notice  to  give  contemplated  joint  rates  and  division  of 
same  between  roads.     V. 

17.  Commission    to    have    authority    to    make    rules    preventing    rebates.      V. 

18.  (15c)  Commission  to  have  authority  to  make  rules  and  regulations  go\'ern- 
ing  long  and   short  haul  charges.     V. 

19.  Commission  required  to  make  schedule  of  rates  and  charges  of  transporta- 
tion of  passengers  and  freight.     V. 

20.  (3)  Schedule  of  rates  and  charges  fixed  by  commission  to  be  deemed  reas- 
onable and   just  by   court.     VI. 

21.  Schedule  of  rates  and  charges  fixed  by  commission  to  be  published  in  cer- 
tain   newspapers.     VI. 

22.  (13)  Duty  of  commission  to  investigate  books  and  records  of  all  railroad 
companies   in   state.     VII. 

23.  Duty  of  railroad  commissioners  to  personally  visit  railroad  offices,  sta- 
tions, etc.     VII. 

24.  (11a)  Authority  of  commissioners  to  examine  all  agents  and  employes  of  the 
railroad   companies.     VII. 

25.  All  contracts  and  agreements  between  railroad  companies  to  be  submitted 
to  commissioners.     VIII. 

26.  All  arrangements  and  agreements  between  railroad  companies  as  to  divi- 
sion of  earnings  to  be  submitted  to  commission  for  inspection  and  approval.  Com- 
mission may  make  rules  and  regulations  concerning  contracts  and  agreements  be- 
tween  railroads.      VII. 

27.  (3)  Penalty  of  railroads  for  failure  to  comi>ly  with  rules  and  regulations 
of  commission  within  thirty  days.     IX. 


116 


SYNOPSES  OF  COMMISSION  LAWS. 


28.  (21)  Attorney  general  or  solicitor  general  to  represent  commission  in  all 
actions   and   proceedings   requested.      IX. 

29.  Right  of  any  person  to  bring  action  to  recover  damages  from  railroads.     X. 

30.  Rules  of  evidence  before  commission,  same  as  in  civil  action  in  the  courts. 
XI. 

31.  (19)  All  fines  recovered  under  commission  law  to  be  paid  into  the  state 
treasurj'.     XI. 

32.  (23)  Penalties  under  commission   law  cumulative.     XI 

33.  (22)  Definition  of  terms  used  in  commission  law.     XII. 

34.  (13b)  Commission   shall    make    annual   reports   to   the  governor.     XIV. 

35.  (6b)  Commission  to  have  authority  to  issue  subpoenas   for  witnesses.     XV. 

36.  (14)  Fees   and    mileage   of   witnesses.     XV. 

37.  The   clerk  of  commission   to   administer  oaths.     XV. 

38.  (9)  Judge  of  superior  court  may  be  called  on  to  set  forth  writs  of  com- 
mission.    XV. 

39.  (5)  Railroads,  officers,  agents  and  employes  to  comply  with  orders  of  com- 
mission  XVI. 

40.  (13c)  Commission  directed  to  investigate  all  interstate  freight  rates  from 
state.     Act  Dec.  18.  '90.     1. 

41.  (13c)  Commission  directed  to  request  railroads  to  modify  excessi\'e  inter- 
state rates.    Act  Dec.  18,   '90,  2. 

42.  (13c)  Commission  directed  to  apply  to  interstate  commerce  commission  on 
excessive  interstate  rates.     Act  Dec.  IS,   '90.     3. 

43.  Attorney  general  directed  to  represent  commission  before  interstate  com- 
merce commission.     Act  Dec.   18,   '90.     4. 

44.  Commission  to  have  authority  to  bring  suit  against  railroads  for  violation 
of  rules  and   regulations   promulgated  by  commission.     Act   Oct.   16,    '91.     1. 

45.  (34)  Commission  authorized  to  inspect  railroad  tracks  and  order  repairs. 
Act  Oct.  17,  591.     1. 

46.  (38)  Penalty  for  refusal  of  railroad  to  make  track  repairs  when  ordered  by 
commission.     Act  Oct.   17,    '91.     2. 

47.  Commission  to  have  authority  to  fix  maximum  storage  charges.  Act  Oct. 
17,  '91.    2. 

48.  Penalty  for  violation  by  railroads  of  commission  orders  fixing  storage 
charges.    Act  Oct.  17,  '91.    4. 

49.  (6)  Commission  to  have  authority  to  require  prompt  handling  of  freight 
Iry  railroads.    Act  Aug.  23,  '05.     1. 

50.  (6)  Penalty  for  violation  by  railroads  of  commission  orders  requiring  prompt 
handling  of  freight.     Act  Aug.   23,   '05.     4. 

ILLINOIS. 

(References  to   Revised    Statutes  1S99   unles   otherwise   stated.) 

1.  (Sec.  IS,  Art.  XII.)  Legislature  may  pass  laws  to  correct  abuses  preventing 
unjust  discriminations  and  may  establish  maximum  rates  for  carrying  of  per- 
sons  or  property.     (Art.   11,    Sect.    15   Const.) 

2.  Railroads   to   have  common   use  of   bridges.    46. 

3.  Railroads  must  build  depots  in  all  towns  or  villages  of  more  than  200  in- 
habitants.   50. 

4.  (120)  Railroad  must  fence  right  of  way.     62. 

5.  Road  must  keep  right  of  way  clear  of  combustible  material.  Railroads 
must   maintain  signboards  at  highway  crossings.    63. 

6.  Trains   must   not   be   started  without  ringing  bell   or  blowing  whistle.    70. 

7.  Whistle  or  bell  must  be  sounded   at  highway  crossings.    71. 

8.  Trains  must  stop  before  draw  bridge  or  grade  crossings  of  other  roads.    75. 

9.  Railroads  may  have  at  draw  bridge  and  grade  crossings  with  other  roads 
interlocking  and  signal  devices  approved  by  the  railroad  and  warehouse  commis- 
sion.   76a. 

10.  Railroad   shall   not   stop   public   highway  more   than   ten  minutes.    77. 

11.  Cities  and  towns  may  regulate  speed  of  trains  through  same.    87. 


SYNOPSES  OF  COMMISSION  LAWS.  ^IT 

12.  Passeng-er  trains   must  have  one  hTakeman  for  everj'  two   cars.    S9. 

13.  A  full  fare  passenger  shall   be  allowed   100  pounds   baggag-e  free.    92. 

14.  Rallroaa  shall  not  limit  its  common  law  liability  for  transportation  of 
property.    96. 

15.  Passenger  cars  must  have  one  axe,  saw,  sledge  hammer  and  two  leather 
buckets.    97. 

16.  (32)    Passenger   cars    must    have    automatic   couplings.    98. 

17.  (133)  Municipal  authorities  may  require  railroads  to  station  flagman  at 
street   crossings.    99. 

18.  (22)  This  chapter  shall  not  apply  to  street  cahs.     102. 

19.  Fire  communicated  from  locomotives  shall  be  prima  facie  evidence  of  neg- 
ligence of  company.    103. 

20.  (120)  Transportation  company  must  furnish  ticket  agent  with  certificate 
of  authority.    112. 

21.  (121)   A   certificate   must   be    exhibited   to    any    person    demanding   such.    115. 

22.  (122)   Unlawful   for  any  person   to   sell   tickets  without   such   certificate.    113. 

23.  Railroads   must   receive,    store   and    transport   grain    without    discrimination 

lis. 

24.  Railroads  must  receive  and  deliver  grain  from  and  to  connecting  car- 
riers.   123. 

25.  (15)  Unjust  discrimination  in  transportation  of  freight  of  passengers  pro- 
hibited.   (Const.   Art.    11,    Sec.   15. 

26.  (loc)  Railroads  shall  not  charge  more  for  short  haul  than  for  long  haul 
nor  give  special  rates  or  favors  except  to  all  persons  alike  under  same  conditions. 
126. 

27.  (lod)  Railroads  guilty  of  unjust  discrimination  shall  be  liable  to  a  fine  of 
$5,000  for  first  offense  and  $5,000  additional  for  subsequent  offenses  up  to  $25,000.     127. 

28.  (19)  Fines  against  carriers  may  be  recovered  in  action  for  debt  in  name  of 
state.    128. 

29.  (lod)  Railroads  liable  in  damages  for  extortion  or  unjust  discrimination. 
129. 

30.  Commission  shall  travel  over  roads  and  visit  stations  to  determine  whether 
act  is  complied   with.    130. 

31.  (3)  Commission  shall  make  reasonable  maximum  rates  for  railroads  which 
rates  shall  be  administered  in  all  roads  as  prima  facie,  just,   and  reasonable.    131. 

32.  Commission  shall  establish   standard  of  grades  for  grain.    161. 

.33.  (1)  Commission  to  consist  of  three  persons  appointed  by  the  Governor,  term 
two  years.    167. 

34.  (la)  Commission  shall  not  be  interested  at  time  of  aiipointment  or  during 
term  of  office  directly  or  indirectly  in  any  railroad  or  warehouse.    16S. 

35.  (Ic)   Commissioner   shall  file   oath   and  bond   of  $20,000.    168. 

36.  (Id)  Salaries  of  commissioners  $3,500.     170. 

37.  (2)   Office  of  commissioner  shall  be  at  state  capitol.    170. 

38.  (2)   Sommission  may   appoint  secretary,  salary  $1,5(10. 

39.  Commissioners  shall  have  free  transportation  on  any  road  or  train  in  per- 
formance of  duties.    171. 

40.  (13)  Railroads  must  file  with  commissionei-  i-omplete  detailed  report  an- 
nually.   172. 

41.  (11)  Commission  may  make  inciuiry  for  additional  information  than  con- 
tained In   report.    173. 

42.  Warehousemen  must  furnish  wrilten  report  to  commission  oti  demand  of 
commission.    173. 

43.  (13b)   Commission  shall   report   atinually   to  the  Governor.    176. 

44.  (28)  Commission  shall  investigate  the  cause  of  any  accident  on  any  rail- 
road resulting  in  loss  of  life  or  injuh.v  to  person  when  necessary  and  report  same 
to  Governor.    177A. 

45.  (37)  Railroads  must  rei)ort  accident  to  board  immediately.    177A. 

46.  (33)  Commission  may  employ  experts  to  insi)ect  bridges,  trestles  or  track 
and  mav  recommend  same  to  be  repaired  or  rebuilt,  and  ma\-  Institute  action  in 
court  by  mandamus  to  compel  repairing  or  rebuilding.     177.\. 


118  SYNOPSES  OF  COMMISSION  LA'WS. 

47  (13)  All  records,  books  and  papers  of  railroads  or  warehouse  shall  be  sub- 
ject to  inspection   by   commissioners.    179. 

48.  (.6)  Commission  may  issue  subpoenas  and  administer  oaths;  may  apph'  to 
courts  for  attachments  for  witnesses  and  witnesses  failing  to  comply  with  order 
OE   court  may  be  punished  for  contempt.    ISO. 

49.  (66)  Witnesses  failing  to  comply  with  sutpoena  of  commission  is  guilty  of 
misdemeanor.    181. 

50.  (21)  Attorney  General  or  district  attorneys  represent  commission  in  suit 
and   proceedings.    183. 

'>l.  (19)  All  prosecutions  under  this  chapter  shall  be  in  the  name  of  the  state 
184. 

52.  Prosecution  under  this  chapter  shall  not  prevent  personal  action  for  dam- 
ages.   185. 

53.  (2)  Commission  shall  have  and  use  seal.  Copies  of  all  materials  under  seal 
shall  be  admitted  in  court  without  further  proof.    185A. 

54.  Railroads  shall  cross  each  other  so  as  not  to  impede  or  endanger  traf- 
fic and   commission   may,    after  hearing,   determine    manner   of   crossing.    219. 

55.  Commission  at  request  of  any  road  or  (212  without  such  request)  may  order 
reads  crossing  each  other  at  grade  to  establish  and  maintain  interlocking  or  other 
safety  devices.    211L 

56.  After  interlocking  device  is  established  at  grade  crossings  commission 
may   permit  trains   to   cross  without   stopping.    214. 

INDIANA. 

(Following  references   to  -^ct    Mar.    7,    '(7.) 

1.  (1)  Three  commissioners  appointed:  non-partisan;  term  4  years:  salary 
$4,000.     1. 

2.  (1)  Commissioner  may  be   removed  by  governor  after  hearing.     1. 

3.  Not  to  receive  free  transoortaation,  gift  or  favor  from  railroad.     1. 

4.  Inspectors   employed   by   commission   to   have  free   transportation.     1. 

5.  (Ic)  Bond  of  commissioner  $10,000.     1. 

6.  (la))  Commissioner  to  hold  no  other  office  or  engage  in  any  other  employ- 
ment inconsistent  wit  hduties  of  commission.     1. 

7.  (2)  May  appoint  secretary  at  $2,500,  one  clerk  $1,500,  and  other  help.     2. 

8.  (2)  Commission  may  appoint  counsel,  inspectors  and  experts  upon  approval 
of   governor.     2. 

9.  (2)  Commission  and  employees  to  receive  actual  traveling  expenses.     2. 

10.  Governor  may  order  commission  to  visit  other  states  and  commissions,  or 
interstate    commerce    commission.     2. 

11.  (2)  Commission   may   hold   meetings   anjwhere   in   state.     2b. 

12.  (3)  Commission  to  supervise  freight  and  passenger  tariff,  train  service,  dis- 
tribution of  cars,  demurrage,  rules,  switching,  location  of  side  track,  crossing  of 
tracks  of  different  roads,  private  car  lines  and  private  tracks.     3. 

13.  Classification  of  freight  to  be  uniform  on   all   roads.     3a. 

14.  (3  &  4)  Commission  may  establish  joint  rates  and  make  division  of  such 
rates.     3b-c. 

15.  (2)  Commission  to  establish  rules  of  procedure  before  it.     3e. 

16.  (3)  Commission  to  establish  demurrage  and  reciprocal  demurrage  rules.     3g. 

17.  (6)  Power  of  commission  to  extend  to  all  complaints  and  to  every  matter 
relating  to  common  carriers.     3h. 

18.  (13)  Carrier  to  make  annual  report,  similar  to  report  to  interstate  commerce 
commission.    31. 

19.  Steam  road  to  make  physical  connections  with  other  steam  roads  and 
electric  roads  to  make   like  connections  with  other  electric  roads.     3j. 

20.  (15b)  Carriers  to  afford  reasojiable  and  proper  facilities  for  transferring 
at  junction   points.     3j. 

21.  This  act  not  to  apply  to  freight  rates  on  roads  whose  freight  receipts  are 
less  than  1-3  of  gross  receipts.     3j. 

22.  Roads  shall  build  side  tracks  and  spurs  where  needed.    3k. 


SYNOPSES  OF  COMMISSION  LAWS.  119 

23.  Where  roads  cross  each  other  at  points  of  crossing  of"  different  roads  proper 
facilities  to  be  maintained  for,  and  roads  shall  interchange  and  take  cars  of  other 
roads.     31-m. 

24.  Railroad  not  to  cross  another  road  without  permi.^sion  of  commission.     3o. 

25.  Railroads  may  be  required  to  put  in  interlocking  or  other  safety  device  at 
grade,   crossing  or  draw  bridge.     3  q,   r,   s. 

26.  When  demand  for  cars  exceed  supply,  cars  to  be  prorated  according  to 
demand.     It. 

27.  (6)  No  order  of  commission  to  be  made  without  notice  of  hearing  to  road 
effected.    4 

28.  (6b)  Any  commissioner,    secretary   or  clerk   may   administer   oath.      Ja. 

29.  (6b)  Subpoenas   may   be   issued   by   commission.     4a. 

30.  (3)  All  rules,  orders  or  rates  to  be  admitted  in  other  proceedings  without 
form  of  proof.     5. 

31.  (3)  Appeals   may   be  had   to   court   from   orders  of  commission.     6. 

32.  (8)  In  all  proceedings  involving  costs  of  transportation,  burden  shall  be  on 
the  carrier.     6. 

33.  (6)  Commission  may  give  hearing  on  and  determine,  any  particular  rate 
or  matter  complained  of.     7a. 

34.  (6)  Any  person,  company,  organization,  assoeiation  or  body  politic  may 
make  complaint  to   commission.     7b. 

35.  (3b)  Commission   may  grant   rehearmgK  and  change   orders.     7c. 

36.  Commission  shall  not  change  rate  fixed  by  law.     8b. 

37.  Schedule,  rate,  rule  or  regulation  to  be  furnished  to  carrier  certified  copy. 
8a. 

38.  Rates  fixed  by  statute,   commission   not  to   change.     Sb. 

39.  (13f)  Any  carrier  or  officer,  or  agent  thereof  refusing  to  permit  examin- 
ation of  books  or  papers,  liable  to  fine.     Sec.  9,  Act  Feb.  28,  '05. 

41.  Rates  throughout   state   must  be   uniform.     10. 

42.  (10)  Road   must  file  schedule   of   rates   of   commission.     10. 

43.  (6)  Commission  shall  not  make  change  in  rates  without  notice  to  carrier. 
10. 

44.  (16)  Carrier  must  charge  only  schedule  rates.     10. 

45.  (11)  Any  carrier,  person  or  firm  must  answer  questions  of  commission,  which 
questions  are  to  be  oral  or  written,  and  must  produce  all  books,  papers,  or  letters 
on   demand.     11 

46.  (13b)  Commission  shall   make  an   annual   report  to   governor,     lib. 

47.  (13c)  Commission  to  investigate  interstate  rates,  and  recommend  correc- 
tions therein  to  carriers,  and  upon  failure  of  carrier  to  comply  .shall  report  to 
interstate  commerce  commission,     lie. 

48  Carrier  not  to  limit  negotiability  of.  or  its  liability  in   any  till   of  lading.     11. 

49.  (66)  Witness  refusing  to  comply  with  subpoena  of  cummission  to  be  cited 
by    court    to    appear    or   be    guilty    of    contempt.      12. 

50.  (14)  Testimony  may   be   taken   by   deposition.     12. 

51.  (28)  General   penalties.     13. 

52.  (15)  I'njust   discrimination    defined.      14. 

53.  (15c)  Shall   not   charge   more    for   short   haul    than   long   haul.     14c. 

54.  (15d)  Carrier  guilty  of  unjust  discrimination  liable  to  tine  of  S500  to  $5,000. 
14d. 

55.  (15e)  Free  and   reduced   transportation.     M. 

56.  Person,  firm  or  corporattion,  accepting  i)ass,  rebate  or  special  favors, 
guilty  of  misdemeanor.     14. 

57.  (38)  General  provisions  for  penalties.     17. 

58.  (21)  Penalties  to  be  recovered  in  an  action  instituted  by  commission.     IS. 

59.  (20)  Certified  copies  of  record  of  commiss'On  to  l:e  ailmilted  in  e\idence 
without   further  proof.     19. 

60.  (20)  Substantial  coqipliance  with  act  by  cMinniission,  sutlicienl  to  give  auth- 
ority. 19. 

61.  (3)  Commission   shall    iruiuire    into   the   methods   of   business    of   carriers.     20. 

62.  (21)  Commission   to   enforce  all    acts  relating  to  common  carriers.     20. 

63.  (3)  Application  of  act  to  include  storing  and  icing,  regulations  and  charges, 


120  SYNOPSES  OF  COMMISSION  LAW;S. 

and  the.  operation,   management  and   control   of  any  railroad,   electric,   interurban, 
or  suburban,  or  car  companies,   private  tracks  and   sidings,  etc.     21. 

64.  (23)  Rights  under  this  act  cumulative.     Sec.   22,   Act  Feb.,   28,   '0.5. 

65.  (28)  All  accidents  involving  personal  injury  or  loss  of  life  to  be  reported 
bj'   carrier   within  5  days,    and   commission   shall   investigate   the   same. 

66.  (35)  Commission  may  investigate  and  order  changed  equipment  for  the 
safety,  comfort  and  convenience  of  passengers.     23b. 

67.  Commission  to  regulate  the  crossing  of  roads  of  each  other.     23c,  d. 

68.  (35)  Commissionu  may  order  any  repairs  or  changes,  in  anything  of  matter 
■whatsoever  connected  with  common  carriers. 

69.  (3)  Carrier    must    have    sufficient    cars    and    locomotives    to    handle    freight, 

2,  Mar.  11,   '07. 

70.  (40)  Carrier  must  move  freight  50  miles'  per  day,  under  penalty.  3,  Mar. 
11,,    '07. 

71.  (43)  Cars  destined  to  side  track  on  a  competing  line  at  terminal  points, 
must  be  placed  on  such  side  track  by  connecting  line  within  24  hours.  4,  Mar. 
11,  '07.. 

72.  Cars  for  loading  to  be  furnished  on  demand;  where  demand  exceeds  sup- 
ply,  shall  be  prorated  according  to  demand.     5,   Mar.   '07. 

73.  Carriers  shall  keep  a  record  of  application  for  cars,  furnishing  thereof, 
and   other  information   required  by  commission.     6,   Mar.   11,   '07. 

74.  (45)  Car  must  be  furnished  within  48  hours  after  demand,  under  forfeiture 
of  $1  per  day  per  car.    8,  Mar.  11,  '07. 

75.  Person  making  false  entry  in  car  record  at  station,  guilt>'  of  misdemeanor. 
7,  Mar.  11,  '07. 

76.  Commission  may  make  special  rule  for  furnishing  of  coal  cars.  9,  Mar. 
11,    '07. 

77.  Reciprocal  demurrage  on  coal  cars  to  be  $2  per  day.    10.   Mar.  11,   '07. 

78.  (5)Actions  to  collect  demurrage  not  to  bar  action  for  actual  damage.  12, 
Mar.   11,    '07.  t 

79.  Carrier  with  consent  of  commission  may  make  special  rates  on  coal  for 
manufacturing  and  steam  purposes.     13,   Mar.  11,  '07. 

SO.  Road  failing  to  handle  business,  commission  may  make  special  rules  there- 
for, and  receiver  may  be  appointed  at  re(iuest  of  commission  to  manage  such  road 
as  long  as  court  deems  necessary.     15,  Mar.  11,  '07. 

81.  (116)  Maximum   rate  of   passenger  fare  two   cents  per  mile.     1   Feb.    25,    '07. 

82.  Full  fare  passenger,  allowed  150  lbs.  and  half  fare,  75  lbs.  of  baggage,  free. 
1,   Mar.  8,    '07. 

83.  Sample  cases  and  catalogs,  etc.,  of  commercial  travelers,  to  be  considered 
baggage.     2,    Mar.   8,    '07. 

84.  Excess   baggage   rate.     3,    Mar.    8,    '07. 

85.  For  loss  or  damage  to  sample  case  of  commercial  travelers,  carrier  liable 
in  no  greater  proportion  than  excess  baggage  fare  paid  bears  to  freight  rate  on 
like  article.     5,   Mar.   8,   '07. 

86.  (32)  Railroads  must  use  engines  with  power  brakes  and  train  brakes  in  op- 
eration from  engines  on  at  least  75  per  cent  of  train.    1,  Mar.  8,  '07. 

87.  (32)  Automatic   couplers  must  be  provided.     2,   Mar.   8,   '07. 

88.  (£2)  Cars,    locomotives,    etc.,    must   have   grab   irons,    or  handholds   on   sides. 

3.  Mar.  8,  '07. 

89.  Electric   railways  must   have  power  brakes  on   cars.     6,   Mar.   8,    '07. 

90.  (Commission  may  increase  percentage  of  cars  required  to  have  power 
brakes.     7.   Mar.  8,   '07. 

91.  Carrier  may  refuse  car-  not  properly  equipped  with  brakes.    S,   Mar.   8,   '07. 

92.  (33)  Commission  may  appoint  one  or  more  inspectors  to  enforce  act,  9, 
Mar.  8,  '07. 

93.  (33)  Inspectors  of  safetj-  appliances  may  be  appointed  by  commission.  9, 
Mar.  8,   '07. 

94.  (32)  hogging  trains  need  not  be  equipped  with  power  brakes.     10,  Mar.  S,  '07. 

95.  Overhead  bridges  or  viaducts. 

96.  Employee  injured  or  killed,  by  reason  of  defective  appliances,  shall  not  be 
deemed   to   have   assumed   the   risk   or  contributed  the   negligence.     14,    Mar.    8,    '07. 


SYNOPSES  OF  COMMISSION  LAWS.  ;121 

97.  Roads  having  a  gros.s  incomo  of  at  least  $7,500  per  mile  must  use  block 
signal  system.    1  and  2,  Mar.  9,  '07. 

9S.  Employees  in  the  operation  of  trains  on  steam  roads  must  be  furnished 
with  printed  rules   and    regulations,    relating  thereto.     1,    Mar.   12,    '07. 

99.  Commission  shall  hold  a  convention  of  division  superintendents,  train  dis- 
patchers,  etc.,   once  a  year.     2,   Mar.  12,   '07. 

100.  >.o  officer,  agent  or  employe  of  a  steam  railway  shall  be  on  duty  while  in- 
toxicated.    3,  Mar.   12,   '07. 

101.  Loss  of  life  caused  by  flagrant  violation  of  rules,  or  by  intoxication  of 
employee  to  be  reported  by  commission  to  prosecuting  attorney,  to  be  prosecuted 
by   criminal    proceeding.     4,    Mar.    12,    '07. 

Ifl2.  Copies  of  this  act  to  be  posted  in  all  depots,  cabooses,  train  dispatchers' 
offices,  and  on  bulletin  boards.    5,  Mar.  12,  '07. 

103.  Every  freight  train  of  50  cars  or  less  must  have  a  crew  consisting  of  en- 
gineer, fireman,  conductor,  brakeman  and  flagman,  and  one  additional  brake- 
man  if  more  than  50  cars;  light  engine  without  cars  to  have  engineer,  fireman, 
conductor  and  flagman.     1,   Mar.   13,   '07. 

104.  Passenger  train  with  5  cars  or  more  must  have  engineer,  fireman,  con- 
ductor,  brakeman  and  flagman.     2,   Mar.   13,  '07. 

105.  (128)  No  person  engaged  in  movement  fif  trains  to  be  on  duty  more  than 
16  consecutive  hours.    1,  Mar.  S,  '07. 

106.  Any  person  or  employee  injured  b>'  violation  of  this  act  not  deemed  to 
ttave  assumed  risk.    2,  Mar.  S,  "07. 

107.  (129)  Officers  of  a  road  vu)lating  provisions  of  this  act.  guilty  of  misde- 
meanor.    3,    Mar.    8,    '07. 

108.  Commission  may  hear  appeals  from  orders  of  town  trustees,  requiring 
flagman  or  other  protection  at  street  crossing.     1.  Mar.  1,  '07. 

1C9.  Campany  carrying  cars  on  which  intoxicating  liquors  are  sold  shall  pay 
an  annual  license  fee  of  $1,000.    1,  Mar.  12,  '07. 

110.  Tipping   of   railway   employee  briber>-.     Mar.    S.    '07. 

111.  Local  passenger  trains  must  stop  when  requested  at  towns  of  more  than 
2,500.    2,  Feb.  26,  '07. 

112.  Railroad  company  not  to  maintain  or  help  to  establish  or  maintain  any 
relief  association,  the  rules  or  by-laws  of  which  require  employee  to  waive  right 
of  damages  for  injury  received.     Feb.  21,  '07. 

113.  Railroad  may  change  location  of  line,  but  company  shall  be  liable  in 
damages  by  reason  of  any  person  being  injured,  by  being  deprived  of  former  shiv>- 
ping  facilities.     1,   Mar.  9.   '07. 

114.  Fictitious  shipments   unlawful.     1.   Feb.   13,   '007. 

IOWA. 

(References   are   to   code   of  1S97   unless  otherwise   indicated.) 

1.  (lob)   Carriers  required   to  make  continuous   shipments   of  freight.    2129. 

2.  (17)   Carriers   liable  in   treble  damages  for  failure  to   comply  with  law.    21.30. 

3.  (6)  Persons  claiming  damages  against  railroads  may  make  complaint  to 
Commission   or  bring  action   in   court.    2131. 

4.  Criminal    liabilities   for  violation   of    laws   governing    (•()mmoii    c-irriors.     21.33. 

6.  (6b)   Immunity  of  witnesses.    2133. 

7.  (6)  Complaint  tiled  with  Board  to  be  forwarded  to  common  carrier  com- 
plained of.     2134. 

8.  (6)   Commission    may    institute    inquiry    upon   its    own    motion.    2134. 

9.  Commission  after  investigation  shall  file  written  report  which  shall  be 
prima   facie   evidence  of  facts  in   court.    2135. 

10.  (6)  Orders  of  Commission  aflci-  investigation  to  be  served  on  common  car- 
riers  complained   of.     2136. 

11.  Complaint  to  be  dismissed  if  satisfied  by  common  carriers  complained  of 
2136. 

12.  Manner  of  enforcement  of  orders  of  ('omniis.sjoii  with  tlir  district  or  -su- 
perior court.    2137. 


122  SYNOPSES  OF  COMMISSION  LAWS. 

13.  (3)  Commission  may  from  time  to  time  change  and  revise  transportation 
and   schedule   of  freight   rates.    213S. 

14.  (10)  Copies  of  rate  scheduUs  to  be  publicly  posted  in  offices  and  stations 
of   common   carriers.    2138. 

15.  (6)  Commission  to  hold  investigations  on  comi»laiut  of  ^•iolations  of 
schedule      of  lates.       21S9. 

16.  (8)     Burden    of   proof   not    on    complainant   on    hearing.    2140. 

17.  (6)   Evidence  to  be   considered   after  rate   hearing.    2140. 

18.  (3)  Commission  to  fix  and  determine  maximum  freight  charges  after  hear- 
ing.   2141. 

19.  Commission  not  limited  to  specific  case  or  cases  complained  of  in  fixing 
rates  after  hearing.    2141. 

20.  (3)  Rates  fixed  by  cominission  to  be  accepted  as  prima  facie  reasonable 
in  court.    2141. 

21.  (2)   Commission    to   have   official   seal.    2142. 

22.  The    manner    of    conducting    court    proceedings.     2142. 

23.  (2)  Commission  may  make  rules  and  regulations  governing  proceedings 
before  it.    2142. 

24.  (13)    Annual    report    to    be    made    to    Commission    by    Common    carriers.    2143. 

25.  (15d)    Penalty    for   extortion    by    common    carriers.    2144. 

26.  (15)    Discrimination   by    common    carriers   prohibited.     2145. 

27.  (15d)   Penalty  for  discrimination   by  common   carriers.    2145. 

28.  Regulations  governing  car  loads,  and  more  than  one  hundred  pound  ship- 
ments of  freight.    2146. 

29.  Commission   may  bring  suit   against  common   carriers.     2149. 

30.  (21)    Attorney   General    to    act   as    counsel    for    commission.    2149. 

31.  Commission  may  employ  additional  counsel  to  assist  attorney  genera!. 
2149. 

32.  (15e)    Free   and    reduced    transportation    rates.    2150. 

33.  Commissioners  and  secretary  and  other  employes  to  have  free  transpor- 
tation.   2151. 

34.  (3)   Common   carriers   permitted   to  make   joint  rates.    2152. 

35.  (3)   No  discrimination   allowed  in  joint  rates.    2154. 

36.  (4)    Commission   to  have   authority   to   apportion   joint   rates.    2156. 

37.  (5)   Penalty  for  unjust  and  unreasonable  joint  rates.    2157. 

38.  (la)    Qualifications   of   Commissioners   and   Secretary.    2111. 

39.  (3)  Commission  to  have  supervision  over  all  common  carriers  of  state. 
2112. 

40.  (35)  Commission  to  have  power  and  authority  to  inspect  condition  of  rail- 
roads  and   require   improvement   and    repairs   in    road    and   equipment.    2113. 

41.  (13b)    Commission   to   make   annual  renort   to  the   Governor.    2114. 

42.  (11)  Commission  to  have  authority  to  examine  books  and  records  of  rail- 
road companies.    2115. 

43.  (11a)  Officers  and  employes  of  railway  companies  retiuired  to  furnish  books 
and  records   for  inspection   of   commission.    2115. 

44.  (6)  Railroads  must  provide  transportation  for  all  freight  with  reasonable 
di.=patch.    2116. 

45.  (15b)  Railroads  must  receive  and  transport  empty  or  loaded  cars  furnish- 
ed by   any  connecting  road.    2116. 

46.  The  Commission  shall,  upon  application  of  city  or  town  officials,  or  town- 
ship trustees,  or  twenty-five  voters  thereof,  investigate  railroad  passenger  and 
freight  rates,  upon  notice  to  railroads  interested,  and  report  its  findings  to  the 
railroad   companies  and  to  the  Governor.    2117. 

47.  (9)  Orders  of  Commission  to  be  enforced  by  District  Courts  of  the  State. 
2117. 

48.  (5)  Proceedings  in  Court  to  enforce  orders  of  Commission  shall  be  in  name 
Of    the    State.    2119. 

49.  (21)  Proceedings  to  enforce  orders  of  Commission  shall  be  instituted  by 
Attorney    General.    2119. 

50.  (9)  Commission  matters  before  courts  shall  be  given  precedence  over  other 
civil   business.    2119. 


SYNOPSES  OF  COMMISSION  LAW'S.  ^^gg 

51.  Courts  to  have  authority  to  grant  mandatory  and  perpetual  injunctions 
compelling  obedience  to   rules   and   orders  of  Commission.    2119. 

52.  (5)    Penalty   for   failure   to    comply   with   orders    of   Commission.    2119. 

53.  (Id)  Salary  of  Commissioner  $2,200.     2121. 

54.  (2)  Salary   of   Secretarj-  $1,500. 

55.  (22)    Definition    of    terms    used    in    Act.    2122. 

56.  (3)   Charges  by   transportation    companies   must    be    reasonable.    2123. 

57.  (15)    Unjust  discrimination   prohibited.    2124. 

58.  Any  common  carrier  may  be  required  to  switch  and  transfer  cars  for 
another.    2125. 

59.  (15c)   Long  and  short  haul  provision.    2VJ.H. 

60.  Pooling    contracts    among    transportation    companies    prohibited.    2127. 

61.  (10)  Common  carriers  must  print  and  keep  posted  for  public  inspection 
schedules  of  rates  and  fares.     2128. 

62.  No  adv'ance  in  published  rates  by  carriers,  except  after  ten  days  public 
nctice.    2128. 

63.  Reduction  in  published  rates  may  be  made  by  carriers  without  notice,  but 
must  be  immediately  published  and   publicly  posted.    2128. 

64.  (10)   Copies  of  schedules  of  rates  must  be  filed  with  Commission.    2128. 

65.  Copies  of  all  contracts  and  agreements  must  be  filed  with  Commission. 
2128. 

v.,^.  Joint  rate  schedules  must  be  made  public  as  directed  by  the  Commission. 
2128. 

67.  Penalty  for  refusal  by  common  carriers  to  file  or  iiublish  schedules  or  tar- 
iffs.   2128. 

68.  Owners  or  shippers  of  wheat  shall  have  the  right  to  have  the  same  trans- 
ported without  delay  over  joint  or  connecting  lines  within  the  state.  2153  Amend- 
ed. 

69.  (3)  Railroad  Commission  shall  have  a  hearing  and  e.stablish  joint  rates 
within   the    state.    2155   Amended. 

70.  Regulations  governing  joint  rates  and  joint  freight  shipments.  2155  Amend- 
ed. 

71.  (6)  Commission  may  revise  or  change  joint  rates  either  after  complaint  or 
upon    its    own    motion.    2155    Amended. 

72.  (22)  Joint  rates  shall  apply  to  interurban  railways  and  their  conncetions 
with  ordinary  steam  railways.    2155  Amended. 

73.  (15b')-  Common  carriers  must  move  cars  of  live  stock  with  all  possible 
speed,  consistent  with  safety.    Act  Apr.  10,  '07,  1. 

74.  (22)Express  companies  declared  to  be  common  carriei's.    2  Act  Apr.  1,   '07,  2. 

75.  (3)  Express  companies  must  transport  property  at  reasonable  charge  or 
rate.    Act.   Apr.   1,   '07,  2. 

76.  (22)  Laws  regulating  railroads  shall  apply  to  express  companies.  Act  Apr. 
1,    '07,   2. 

77.  (3)  Railroad  Commission  to  have  supervision  of  express  companies.  Act 
Apr.  1,  '07,  3 

78.  (3)  Commission  to  have  authority  to  lix  maximum  express  charges.  Act 
Apr.    1,   '07,   3. 

79.  (3)  Commission  shall  make  a  schedule  of  reasonable  maximuin  charges  for 
all   express  companies  in   the  state.    Act  Apr.   1,   '07,   4. 

80.  (3)  Maximum  express  charges  fixed  by  the  Commission  shall  be  accepted 
as  prima  facie  reasonable  in  court.    Act  Apr.  1,   '07,  4. 

81.  (10)  Express  companies  shall  keep  schedule  of  rate  charges  publicl\-  post- 
ed in  their  offices  and  places  of  business.      Act  Apr.  1,  '07,  5. 

82.  (9)  Express  companies  prohibited  from  charging  more  than  rates  named 
in  Commission's  schedule.    Act  Apr.   1,    '07,   6. 

83.  (9)  Penalty  for  refusal  of  €xpress  companies  to  acceiH  and  transport  prop- 
erty in  accordance  with  schedules  and  orders  made  by  Commission.  Act  Apr.  1, 
'07,    7. 

84.  (1)    Three   Commissioners   elected.     2111. 

85.  (1)  Term  of  office  three  years.    2111. 


124  SYNOPSES  OF  COMMISSION  LAWS. 

S6.     (1)    Chairman    elected   by   Commission.    2111. 

87.  (2)  Commission  to  appoint  a  Secretary  and  such  adchtional  clerical  help  as 
necessary.    2111. 

KANSAS. 

(References  are  to  General  Statutes  1901,  unless  otherwise  indicated.) 

1.  (2)  Board   may   appoint   secretary   and    stenographer.     5963. 

2.  (2)  Board  shall  keep  record  of  official  acts,  certified  copies  of  which,  under 
seal,  shall  be  received  in  evidence  as  other  public  records.  Commission  shall  be 
known   as   "Board  of  Railroad  Commissioners."     E965. 

3.  (2)  Office  of  commission  shall  be  at  state  capital.    5966. 

4.  (Id)  Salarj'  of  commissioners,  $2,500.     Ii966. 

5.  (3)  Board  shall  have  general  supervision  of  all  railroad.s,  express  companies, 
sleeping  car  companies,  and  other  common  carriers.    -5967. 

6.  (3)  Board  shall  inquire  into  violations  of  laws  relating  to  common  carriers. 
5967. 

7.  (')  Board  shall  inspect  railways  and  management  with  reference  to  safety 
and  convenience.    5967. 

8.  (11)  Board  has  power  to  examine  books,  papers  and  document.^  of  railway 
companies,   examine  officers   and   employes   under  oath.     5969. 

9.  (6b)  Board  may  issue  subpoenas  and  administer  oaths.     5969. 

10.  (6b)  Witness  refusing  to  obey  summons  or  to  testify  guilty  of  misdemeanor. 
5969. 

11.  (3)  Board  may  order  repairs  in  road  or  rolling  stock,  and  additions  or  alter- 
ations to  depots  or  station  houses,  and  may  change  the  rates  for  transportation  of 
freight;  may  order  changes  in  operating  of  roads  or  conduct  of  carrier's  busi- 
ness.    t97p. 

12.  (6)  Rates   of  transportation  may  be   fixed  by  board.     5970. 

13.  (9)  On  failure  of  carrier  to  comply  with  orders  of  commission,  carrier  liable 
to  fine.     5970. 

14.  Board   shall   prescribe   rules  and   may   fix   rates  for  private   car  companies. 
5971. 

15.  Railroads  shall  not  discriminate  for  or  against  private  car  companies.     5971. 

16.  Board  may  fix  the  terms,  rates  and  conditions  for  building  and  operation 
of  spur  or  switch  tracks.     5972. 

17.  Board  may  order  physical  connections  between  intersecting,  connecting  or 
parallel  roads.     5973. 

18.  Road  refusing  to  comply  with  order  of  the  commission  for  connecting 
switches,   subject  to  penalty  of  $500.  5973. 

19.  Railroad  desiring  to  cross  another  road  must  apply  to  railroad  commission. 
5r74. 

'20.  Commission  shall  give  hearing  on  application  of  road  to  cross  another  road; 
shall  determine  whether  such  crossing  shall  be  at  grade  or  otherwise.     5974. 

21.  Appeal  to  district  court  may  be  had  from  order  of  board  fixing  conditions 
of  crossing.    5974. 

22.  Roads  crossing  at  grade  must  stop  trains  unless  interlocking  signal  is  used, 
when  board  may  grant  permission  to  run  trains  without  stopping.    5975. 

23.  Board  may  order  automatic  signals  or  interlocking  systems  at  grade  cross- 
ing after  hearing  on  notice.     5976. 

24.  Upon  petition  of  any  municipality,  board  may  order  depots,  sidetracks  or 
other  facilities  and  the  interchange  of  business  between  connecting  or  parallel 
roads;  such  order  to  be  after  notice  and  hearing  to  railroads.    5977. 

25.  (6)  Board   may  order  modification  of   unreasonable  or  unjust  rate.     5979. 

26.  (10)  Rates  fixed  by  board  shall  be  jjosted  by  railroad  at  its  depots  in  con- 
spicuous place.     5979. 

27.  (3)  All  rates  fixed  by  board  shall  be  deemed  prima  facie  just  and  reasonable, 
and  rates  in  excess  thereof  shall   be  deemd   unjust.     r979. 

28.  (116)  Passengers  rates  not  to  exceed  three  cents  per  mile  and  each  passenger 
shall  be  allowed  150  pounds  bagage  for  each  full  fare.     5980. 


SYNOPSES  OF  COMMISSION  LAW'S.  125 

29.  (6)  On  complaint  of  any  unjust  or  unreasonable  charge  board  shall  investi- 
gate same  and  fix  reasonable   charge.     5981. 

30.  (3)  Board  shall  investigate  all  failures  or  refusals  to  furnish  cars  or  to  haul, 
load  or  unload  the  same,  and  make  such  order  as  the  public  interest  demands.    5983. 

31.  (3)  Switching  charge  may   be  fixed  by  board.     5983. 

32.  No  freight  rate  shall  be  raised  without  sixty  days  public  notice.     5984. 

S3.     (15c)  Road  shall  charge  no  more  for  short  hauls  than  for  long  hauls.     59S5. 

34.  (15)  All  concessions,  drawbacks  and  contracts  for  special  rates  shall  be 
open  to  all  alike.     £985. 

35.  Contracts  for  the  pooling  of  freight  or  division  of  earnings  between  carriers 
forbidden.     5986. 

36.  Railroad  shall  not,  except  by  permission  of  board,  limit  its  common  law 
liability.     5987. 

i7.    On  demand,  freight  receipts  must  be  issued  in  duplicate.     5%~. 

38.  (lob)  Commission   sliall  make   annual   report  to   governor.     5988. 

39.  (13)  Common  carrier  must  make  annual  re'.iort  to  board.     5989. 

40.  (14)  Person  testifying  falsely  before  board  and  making  false  report,  guilty 
of  perjury.     5990. 

41.  Roads  refusing  to  comply  with  orders  of  board  relating  to  depots,  side 
tracks  and  connecting  switches  wilh  other  roads,  or  to  switching  charges,  liable  to 
penalty.     5991. 

42.  (17)  Railroad  liable  in  treble  damages  to  party  injured  for  violation  of  this 
act.     c993. 

43.  (18)  Penalties  not  otherwise  herein  provided  for  shall  be  not  less  than  $100 
or  more  than  $5,000.  5994. 

44.  (23)  Penalties  under  this  act  are  cumulative  of  those  named  in  other  laws. 
5995. 

45.  (22)  "Railroad"  shall   include  everything  in  relation  to  steam  railroad.     5997. 

46.  (5)  Every  railroad  company  and  tlie  officers,  agents  and  employes  thereof, 
shall  obey  all  reasonable  orders  made  by  board.     5998. 

47.  (5)  Board   may   compel   obedience   to   orders   by   mandamus.     5998. 

48.  (3)  All  findings  and  orders  of  board  shall  be  deemed  prima  facie  evidence 
of  all  matters  therein  stated.     5998. 

49.  (6)  Court  may  modify  orders  of  board.     5998. 

50.  Remedies  under  the  common  law  or  under  any  other  statute  not  superceded 
by  this  act.     E998. 

51.  (6)  No  order  of  board  shall  be  made  without  notice  and  hearing  of  party 
affected.     5999. 

52.  (9)  Party  dissatisfied  with  order  of  board  may  appeal  to  court,  and  all  such 
actions  shall  have  precedence  over  other  civil  actions.    5999. 

53.  (6c)  Appeals  from  order  of  board   to  be  taken   within   thirty  days.     5999. 

54.  (1)  Board  of  railroad  commissioners  to  consist  of  three  persons;  elected. 
Act.  Mar.  13,  '03,  sec.  1. 

55.  (1)  Term  of  office  of  commissioner,  two  years.     .\ct  Mar.  7.  '05,   sec.  1. 

56.  (la)  No  person  employed  by,  or  having  pecuniary  interest  in,  any  railroad 
eligible  as  commissioner,  and  commisioner  shall  hold  no  other  office  or  perform 
any  other  duties  inconsistent   with   his  office,     .^ct  Mar.   7,   '05,  sec.  2. 

57.  (Ic)  Commissioner  shall  give  bond  in  the  sum  of  ten  thousand  dollars.  Act 
Mar.  7,  '05,  sec.   2. 

58.  Commissioners'  secretary,  attorneys  and  clerks  in  discharge  of  their  duties 
njay  ride  free,  but  shall  recveive  no  free  transportation  at  other  times.  Act  Mar. 
7,   '05,   sec.   3. 

59.  (2)  Commissioners,  secretary  and  other  employes  entitled  to  actual  travel- 
ing expenses.     Act.  Mar.  7,  '05,   sec.  3. 

.60.     (3)  Board    shall    supervise    freight    and    passenger    schedules    and    classifica- 
tions  and  car  service.     Act.    Mar.   7,   '05.   sec.  4. 

61.  (3)  All  new  rates,  rules  and  regulations  for  the  operation  of  any  road  shall 
bo  put  into  effect  by  such  road  within  thirty  days  after  adoption  by  board.  Act 
Mar.  7,   '05,  sec.  4. 

62.  (3)  Board  may  establish  joint  rates,  and  li.v  the  distribution  thereof  on 
failure  of  roads  to  agree  thereon.     Act  Mar.  7,   '05,   sec.   5. 


l^Q  SYNOPSES  OF  COMMISSION  LAWB. 

63.  (6a)  Board  to  adopt  rules  of  procedure,  and  all  hearings  to  be  public.  Act 
Mar.  7,   '05,  sec.  6. 

64.  (21)  Attorney  general  shall  be  attorney  for  board.     Act  Mar.  7,  '05,  sec.   6. 

65.  (12c)  Board  may  make  recommendations  as  to  interstate  rates,  and  may 
report  such  matters  to  interstate  commerce  commission.     Act  Mar.  7,  '05,  sec.  7. 

66.  (10)  Railroads  shall  furnish  board  coDles  of  all  rate  schedules.  Act  Mar. 
7,  '05,  sec.  8. 

67.  (6)  Upon  complaint  on  any  matter  within  jurisdiction  of  board,  hearing 
shall  be  had  thereon  after  ten  days'   notice.     Act  Mar.  7,  '05,   sec.   9. 

68.  On  hearings  before  board,  attorney  general  shall  appear  for  complainants, 
but  complainants  may  be  represented  by  other  counsel.     Act  Mar.  7,   '05,  sec.  9. 

€9.  (6)  Board  may  fix  such  rate  or  classification  as  may  be  just,  which  rate  or 
classification  shall  be  deemed  reasonable.     Act  Mar.  7,   '05,   sec.  9. 

70.  Railroad  receiving  from  any  person  a  lesser  rate  than  that  fixed  by  the 
commission  shall  give  such  lesser  rate  to  all  shippers.     Act  Mar.  7,   '05,  sec.  9. 

71.  Railroad  charging  greater  rate  than  that  fixed  by  commission  shall  refund 
to  shipper  such  excess.     Act  Mar.  7,   '05,  sec.  9. 

72.  (6b)  Board  may  apply  to  court  to  compel  attendance  of  witnesses  before 
SMch  board.     Act  Mar.  7,  '05,  sec.  10. 

73.  (14)  Witness  shall  not  be  excused  from  giving  incriminating  testimony;  such 
testimony  shall  not  be  used  against  witness  in  any  criminal  proceeding.  Act.  Mar. 
7,    '05,   sec.    10. 

74.  (20)  Board  shall  furnish  free,  certified  copies  of  any  classification,  rates, rules, 
regulations  or  orders  made  by  it,  and  such  copies  in  all  matters  and  proceedings 
shall  be  prima  facie  evidence  of  reasonableness  and  justness  of  matters  contained 
therein.     Act   Mar.  5.   '05,  sec.   11. 

75.  (15c)  Railroads  may  give  certain  free  or  special  rates.    Act  Mar.  7,  '05,  sec.  11. 

76.  Road  shall  not  change  classification  or  rates  without  permission  of  board. 
Act  Mar.  7,  '05,  sec.  13. 

77.  (15)  It  shall  be  unlawful  for  any  i-ailroad  to  give  or  for  any  person  to  re- 
ceive therefrom,  any  rebate,  drawback,  special  privilege  or  preference.  Act  Mar. 
7,   '05,  sec.  16. 

78.  Governor  may  appoint  attorney  for  the  board  at  a  salarj'  of  $2,500  per  year. 
Act  Mar.   7,    "05,   sec.   17. 

79.  Pipe  lines  for  the  carrying  of  crude  oil  considered  as  common  carrier  under 
jurisdiction   of  board    of   railroad   commissioners.     Ch.    315,    '05. 

80.  Sidetracks  and  switches  to  be  built  by  railroads  to  elevators,  mills,  ware- 
houses and  factories  on  lands  adjacent  to  right-of-way,  or  in  lieu  thereof  shall  per- 
mit construction  and  maintenance  of  such  buildings  on  right-of-way.     Ch.  350,  '05. 

81.  On  complaint  and  application  board  may  order  building  of  switches,  side- 
tracks and  other  facilities  for  the  handling  of  freight,  and  may  enforce  its  orders 
by  proceedings  in  mandamus.     Ch.   351,   "05. 

52.  Maximum  rates  provided  for  the  hauling  of  crude   oil.     Ch.   353,   '05. 

53.  Board  may  make  rules  and  regulations  with  respect  to  the  stringing  of  wires 
over,  under  or  across  the  tracks  of  any  railroad.     Ch.  356,   '05. 

84.  (3)  Railroad  must  furnish  cars  upon  application  without  discrimination. 
Ch.  345,  '05,  sec.  1. 

85.  (39)  Road  must  supply  cars  in  order  of  application  therefor.  Ch.  345,  '05, 
sec.   2. 

86.  (40)  Company  shall  be  liable  in  demurrage  one  dollar  per  day  for  each  car 
failed  to  be  furnished  as  provided  in  this  act.     Ch.  345,  '05,  sec.  4. 

87.  (45)  Applicant  for  cars  shall  deposit  with  agent  one-fourth  of  the  freight 
charges  for  use  of  cars;  penalty  for  failure  to  load  cars  within  48  hours.  Ch.  343, 
'05,   sec.   5. 

88.  (40)  Railroad  must  receive  cars  when  loaded  and  forward  same  at  the 
rate  of  fifty  miles  per  day,  under  penalty.     Ch.  345,   '05,   sec.   6. 

89.  (42)  Railroad  must  give  notice  to  consignee  within  24  hours  after  arrival  of 
shipment.     Ch.   345,   '05,   sec.   7. 

90.  (43)  Railroads  must  spot  cars  at  warehouses  or  at  convenient  places  for  un- 
loading.    Ch.   S45,   '05,   sec.   8. 


SYNOPSES  OF  COMMISSION  LAWS.  ^07 

91.  (47)  Cons'giiee  must  unload  car  within  -iS  hours  or  pay  to  railroad  one  dollar 
per  day  for  failure.    Ch.  845,  "05,  sec.  9. 

92.  In  order  to  maintain  action  under  this  act  shipper  must  show  that  he  had 
freight  to  ship  at  time  of  application   for  cars.     Ch.  345,  'Ca,  sec.  10. 

KENTUCKY. 

(References   are   to  General   Statutes  unless  otherwise   indicated.) 

1.  (1)  Three  commissioners  elected  by   districts.     Con.   209. 

2.  (1)  Term  of  office  four  years.     Con.  209. 

3.  (la)  Qualifications  of  commissioners.     Con.  209. 

4.  (1)  Commissioners  may  be  removed  by  general  assembly.     Con.  209. 

5.  (1)  One  member  of  board  to  act  as  chairman.    821. 
6.(6b)  Commissioners   authorized    to   administer    oath.      S21. 

7.  (Id)  Salary-  of  commissioners,  $2,000.     S22. 

8.  (2)  Salary  of  secretary,  $1,200.     822. 

9.  (2)  Necessary  traveling;  expenses  of  commissioners  to  be  paid  by  state.     822. 

10.  (13)  Annual   reports  to  be  made  by   railroads   to   commission.     825. 

11.  (13c)  Commission  to  investigate  interstate  rates  and  to  report  excessive  in- 
terstate rates  to  interstate  commerce  commission.    826. 

12.  Attorney  general  to  represent  commission  before  interstate  commerce  com- 
mission.    826. 

13.  (11)  Commission  to  have  authority  to  examine  railroad  offices,  agents  and 
employes,  general  management  and  conduct  of  railroad  business.     827. 

14.  (6b)  Commissioners  may  require  attendance  of  witnesses  and  administer 
oaths.     827. 

15.  (6b)  Penalty  for  refusal  of  witnesses  summoned  to  appear  before  commis- 
sion.    !^27. 

16.  (11a)  Penalty  for  refusal  of  officer,  agent  or  employes  of  railroad  company 
to  furnish  commission  with  the  information  requested.     828. 

17.  (6)  Commission  to  have  authority  to  hear  and  determine  complaints  against 
railroads.     829. 

18.  (6)  Complaints  to  be  heard   by   commission   on   ten  days   notice.     829. 

19.  (9)  Award  by  commission  after  complaint  and  hearing  may  be  enforced  by 
circuit  court  after  hearing  of  cause.     829. 

20.  (35)  Commission  to  have  authority  to  examine  condition  of  railroad  tracks, 
structure  and  equipment  and  if  found  defective  to  report  the  matter  to  the  attorney 
general  for  action.    830. 

21.  Contract  and  agreements  among  railroads  need  not  bo  made  public  by 
commission.     S.'Jl. 

22.  Commissioners  prohibited  from  requesting  favors  from  railroad  companies. 
8S2. 

23.  (20)  Fees  to  be  charged  by  commission  for  copies  of  papers  and  records.    833. 

24.  (13b)  Commission   to  make  annual   reports  to  governor.     834. 

LOUISIANA.  , 

1.  (22)  Railroad,  express,  telephone,  telegraph,  steamboat  and  other  water 
craft  to  be  under  supervision  of  railroad  commission  of  Louisiana.  Com- 
mission to  consist  of  three  members  elected  for  a  term  of  six  years.  Const. 
Art.   283. 

2.  (2)  Offices   at   Baton    Rouge;    commission    may   elect    secretary.     Const.     Art. 

3.  (3)  Commission  has  power  to  make  reasonable  and  just  rates  and  regula- 
tions for  railroad,  steamboat  and  other  water  craft,  sleeping  car,  freight  and  pas- 
senger tariffs  and  supervise  exi)ress  rates,  telephone  and  telegrai>h  charges  and 
prevent    unjust   discrimination,    etc.    Const.    Art.    284. 

4.  (15c)  Common  carriers  shall  not  charge  more  for  shorter  than  longer  dis- 
tance.    Const.    Art.   284. 

5.  (2)   Commission  shall   make  rules  of  procedure   liefore   it.    Const.   Art.   284. 


128  SYNOPSES  OF  COMMISSION  LAWS. 

6.  Commission  has  power  of  court  to  subpoena  and  compel  attendance  and 
production  of  witnesses  and  books  and  punish  for  contempt  therein.  Const.  Art. 
284. 

7.  (6)  Parties  dissatisfied  with  order  of  commission  may  appeal  to  court. 
Const.   Art.   285. 

8.  (6c)  In  appeal  from  order  of  commission  commission  shall  be  named  as 
defendant.     Const.    Art.   285. 

9.  (3)  Appeals  in  lower  court  may  be  taken  to  supreme  court.  Where  com- 
mission appeals  no  bonds  shall  be  required.     Const.   Art..   285. 

10.  (15)  Special  rates,  rebates  and  discriminations  prohibited.  Const.  Art. 
286. 

11.  (7)  When  a  carrier  appeals  from  order  of  commission  such  orders  shall 
no';  be  field    until   decided   by  courts.     Const.    Art.   286. 

12.  (Id)  Salaries  of  commissioners  $3,000.     Const.  Art.,  287. 

13.  (2)  Commissioners  and  secretary  entitled  to  actual  traveling  expenses 
while   on   duty.     Const.    Art.    287 

14.  Common  carriers  may  give  special  rates  or  free  transportation  to  state  or 
any  municipalities  or  for  any  charitable  purpose,  fairs,  ministers,  hospitals,  or 
to  destitute  or  indigent  persons,  or  to  railroad  otflcers,  agents,  employes,  at- 
torneys or  stockholders.     Const.  Art.  287. 

15.  On  recommendation  of  commission  legislature  may  enlarge  powers  and 
duties   of   commission   and   increase   clerical    force.     Const.    Art.    288. 

16.  Attorney  General  and  district  attorneys  or  other  attorney  employes  for 
commission  may  receive  25  per  cent  of  fines  collected.     Const.   Art.   28S. 

17.  (la)  No  person  in  the  employ  of  or  interested  in  common  carriers  eligible 
as   commissioners.     Const.   Art.    288. 

18.  Division   of    state    into    three    commissioner    districts.      Const.    Art.    289. 

19.  This  act  to  carry  into  effect  Art.  284  of  the  constitution.  Act  June  27, 
1907. 

20.  {6b)  Witne^es  required  to  attend  hearings  must  be  served  with  sum- 
mons,  signed  by  secretary  under  seal.     Act  June  27,   1907.     1. 

21.  (6b)  Attachments  for  witnesses  and  other  processes  to  be  executed  same 
as  processes  in  court.     Act  June  27,   1907.     2. 

22.  Commission  may  fine  and  commit  to  prison  persons  guilty  of  contempt 
before  it.     Act  June   27,   1907.     2. 

23.  (3)  Commission  may  establish  joint  rates  on  all  common  carriers.  Act 
June   27,    1907.      3. 

24.  Pipe  lines  for  the  carrying  of  gases,  oils  or  other  liquids  are  common  car- 
riers and  under  control   of  commission.     Act  June  29,   '06. 

25.  Commission  to  have  the  same  control  over  pipe  lines  as  over  other  com- 
mon carriers.     Act  June   29,   '06. 

26.  (13c)  Commission  may  prosecute  actions  before  interstate  commerce  com- 
mission.    Act  July  11,  '06. 

MAINE. 

(References  to  Revised  Statutes,  1903,  unless  otherwise  indicated.) 

1.  Railroads  must  place  sign  with  words:  "Railroad  Crossing."  plainly  leg- 
ible at  each  street  or  highway  crossing,  and  by  bell  and  whistle  give  warning  of 
approaching  train.     Ch.,   51,   70. 

2.  Railroads  may  have  common  user  of  side  tracks  to  mills  and  towns.  Ch. 
51,   30. 

3.  (28)  Accidents  on  railroads  to  be  investigated  by  railroad  commissioners. 
Ch.    51,   65-66. 

4.  (28)  Railroads  to  notify  railway  commissioners  immediately  of  accidents. 
Ch.   52,   67-69. 

5.  (13)  Railways  to  make  reports  to  commissioners.     Ch.   51,   49. 

6.  (13b)  Commissioners  shall  examine  railroads  and  rolling  stock  when  neces- 
sary, and  make  annual  report  thereon  to  the  governor.    Ch.  51,  50. 

7.  Location   of   roads  to   be   approved   by   commissioners.     Ch.   51,   6. 

8.  Increase  of  capital  stock  can  be  had  on  approval  of  commissioners.  Ch.. 
51,    20. 


SYNOPSES  OF  COMMISSION  LAWS 


129 


9.  Railroads  may  take  additional  land  for  right  of  way  by  consent  of  com- 
mission after  hearing-.     Ch.  51,  26. 

10.  Commission  may  require  railroads  to  construct  cattle  guai'ds,  cattle 
passes,   and  farm  crossings.     Ch.   51,   33. 

11.  (1)  Commission  to  consist  of  three  persons  to  be  appointed  by  governor, 
term  three  years,  one  a  lawyer,  one  a  civil  engineer,  one  experiencd  in  railroad 
management.  Governor  may  appoint  clerk  and  assistant  clerk.  Expenses  of  com- 
mission not  to  exceed  $3,200  anually.     Ch.  51,  48. 

12.  Passenger  trains  not  to  run  over  new  roads  until  permitted  by  commis- 
sion.    Ch.  51,   51. 

13.  (33)  Commission  may  employ  experienced  engineers  to  examine  bridges. 
Ch.    51,    52. 

14.  Board  to  order  repairs  when  necessary,  and  tracks,  bridges,  or  railroad 
stock;    may   regulate   speed   of    trains   until    repairs    are   made.     Ch.,    51,    54. 

--.  Commission  may  seek  aid  of  Supreme  Courts  through  attorney  general  to 
enforce  provisions  of  act.     Ch.   51,  55. 

16.  (35)  Commission  may  prohibit  passenger  trains  passing  over  track  deemed 
unsafe.      Ch.    51,    56. 

17.  (6)  Commission  to  give  hearing  on  question  of  .ioint  rate  and  terminal 
matters.     Ch.  51,  57. 

18.  (3)  Appeal  may  be  had  on  order  of  commission  of  joint  rates  to  Supreme 
Courts.     Ch.  51,  58. 

19.  All  roads  may  ha\-e  common   use  of  depots   in   town.     Ch.  51.    GO. 

20.  Commissioners  may  fix  terms  and  regulations  for  common  use  of  depots. 
Ch.  51,  60. 

21.  (3)  Commission   may   order   the   building  of  depots.     Ch.    51,    61. 

22.  Commission  may  designate  site  and  kind  of  building  to  be  erected  and 
maintained   at   stations.     Ch.   51,   62. 

23.  Railways  must  cross  over  or  under  highway  unles.s  permission  of  com- 
mission is  given  after  notice  and  hearing,  authorizing  a  crossing  at  grade.  Ch. 
51,   65. 

24.  Commission  may  permit  higliways  to  be  lowered  or  raised  from  grade 
crossing.     Ch.  51.   66. 

25.  Railroads  may  cross  over  or  under  canal  or  other  railroads.     Ch.   'il,  OS. 

26.  Municipality   may   reciuire   gates   at  highway   crossing.     Ch.    51.   71. 

27.  Commission  to  determine  manner  which  railroads  cross  each  other  after 
hearing.     Ch.   51,  73. 

28.  Overhead  bridges  in  municipality  constructed  and  maintained  in  manner 
required  by  commission.     Ch.   51,   75. 

29.  (6)  Legislature  may  alter  rates.  Rates  established  by  carrier  may  t-e  re- 
duced  by   commission   after  hearing.     Ch.    52,   1. 

30.  Regular  ticltets  good   for  six  years.     Ch.   52,   2. 

31.  Railroads  intersecting  or  crossing  each  other  deemed  connecting  roads. 
Ch.    52,    10. 

32.  Passenger  trains  at  junction  and  intersecting  points  must  wait  for  con- 
necting train,  but   not  to  exceed  twenty  minutes.     Ch.  52.   11. 

33.  (15b)  Railroads  shall  forward  and  deliver  traffic  of  other  roads  without 
discrimination.     Ch.    52,    12. 

34.  Railroads  shall  charge  no  more  for  joint  shipment  than  shipment  wlioUy 
on  its  own  line.     Ch.  52,  14. 

35.  (15)  No  rebates  or  special  privileges  shall  be  given  by  railroads.     Ch.  52,  15. 

36.  Railroads  shall  furnish  equal  facilities  to  all  express  companies.  Con. 
.  Art.  XII,  sec.  21.    Ch.  52,  17. 

37.  Railroads  shall  not  change  location  of  tracks  without  consent  of  Legisla- 
ture or  commissioners.     Ch.  52,  18. 

38.  Trains  must  be  run   regularly.     Ch.  52,   19. 

39.  Commission    to   fix   compensation   of    receiver   of    railroad.     Ch.    52,    23. 

40.  Road  may  assign  its  charter  or  lease,  or  grant  use  of  mad  only  by  con- 
sent of  Legislature.     Ch.   52,   30. 

41.  Passenger  train  on  the  steam  road  shall  have  one  experienced  brakeman 
for  every  two  cars.     Ch.  52,  70. 

—9 


130  SYNOPSES  OF  COMMISSION  LAWS. 

42.  Frogs  aiul  guard  rails  to  be  blocked  satisfactory  to  commission  Ch  52 
S2. 

43.  Method  of  heating  passenger  cars  must  be  approved  bv  commission. 
Ch.   52,   83. 

44.  Railroads  crossing  at  grades,  railroad  last  built  shall  maintain  signal  sta- 
tion.    Ch.  52,   01 

45.  Commission  may  re(iuire  automatic  signals  where  roads  cross  at  grades. 
Ch.  52,  92. 

46.  Common    user   of   tracks    of   state    railways.     Ch.    .>3,   21. 

47.  Animals  not  to  be  kept  in  oars  more  than  twenty-four  hours  without  un- 
loading for  rest.     Ch.   125,  42. 

MASSACHUSETTS. 

(References   are    to    Chapter   111.    Revised    Laws,    unless    otherwise    indicated.) 

1.  (22)  Definition  of  terms   used   in  Act.     7. 

2.  (1  &  30)  Three  commissioners  appointed  by  governor,  confirmed  by  coun- 
cil.    S. 

3.  (1)  Term   of   oflSce   three  years.     S. 

4.  (2)  Commission   to    have    clerk   appointed   by   governor.     8. 

5.  (2)  Commission    may    appoint    assistant    clerk,    accountant    and    experts.      8. 
(!.     (Ic)  Oath    of   ofl!ice   to   be   taken   by   commissioners   and    clerk.     8. 

7.  (Id)  Salary  of  chairman  of  board  $5,0U0,  salary  of  other  commissioners 
$4.(1(111.  0. 

8.  (2)  Salary   of  clerk  $2,500,   assistant  clerk  $1,200,   inspector  $2,000.     9. 

9.  (2)  Commission   to   have    offices   in   the   city   of   Boston.     9. 

10.  Commission   and    employes    to    have    free    transportation    over    railroads.     9. 

11.  (24)  Appropriation    of    incidental    expenses    $3,(K)0    per    annum.    9. 

12.  (13b)  Commission  to  make  annual  report  to  secretary  of  Commonwealth. 
Commission    to   have    general    supervision    over    all    railroads    in    state.     11. 

13.  (21)  Commission  to  report  violations  of  law  to  Attorney  General  for 
action.      14. 

14.  {?,}  Commission  to  have  authority  to  examine  condition  of  railroads  and 
recommend   necessary  changes  or  repairs.     15. 

15.  (6)  Commission  to  have  authority  on  complaint  of  mayor  and  alderman, 
01"  other  city  or  town  officials  to  examine  condition  of  railroads  and  require 
changes  or  repairs   to   be   made.     16. 

16.  (28)  Commission  shall  investigate  accidents  on  railroads  or  street  rail- 
ways  invohing   loss   of  life,   and    may    investigate   all   railway    accidents.     17. 

17.  Railway  employes  authorized  to  make  complaint  about  defects  in  works 
or  appliances  of   railroads,     lis. 

18.  (11)  Railroads  required  to  furnish  commission  information  relative  to  con- 
dition,, management  and  operation  of  railroads.     19. 

19.  Railroads  required  to  furnish  commission  copies  of  all  contracts  and 
agreements   with   other   common   carriers.     19. 

20.  Action  of  commission  shall  not  entail  legal  liability  of  railroad  corpora- 
tions.    20. 

21.  (11)  Commission  shall  examine  books  and  accounts  of  every  railroad  and 
street  railway  annually.     21. 

22.  Commission  shall  examine  books  and  financial  condition  of  railway  cor- 
poration upon  application  in  writing  of  a  director  or  holders  of  one-fiftieth  part 
of   paid    up    capital    stock.     22. 

23.  (11)  Commission    to   have  access   to   list   of   railway    stockholders.     23. 

24.  (11a)  Penalty  of  railway  company  for  failure  to  submit  books  for  ex- 
amination.    24. 

25.  (6b)  Commission  may  summon  witnesses,  administer  oaths  and  take  testi- 
mony in  proceedings  before  it.     25. 

26.  (14)  Witness    fees.      25. 

27.  (13)  Commission  shall  prescribe  forms  for  annual  reports  by  railroad  cor- 
pr.ration.     26. 


SYNOPSES  OF  COMMISSION  LAWS 


131 


28.  (13)  Commission  to  furnish  blank  forms  to  railroad  corporations  for  an- 
nual   report.     26. 

29.  Authority    of   commission   over   railway    grade   crossings.     27. 

30.  (24)  Appropriation  of  $4,.500  annually  for  incidental  expenses.     Ch.  9G,  1904.  1. 

31.  Salary  and  expenses  of  railway  commission  to  b'e  paid  by  railroad  and 
street  railway  corporations.     Ch.   429,   1904. 

32.  Forty-five  hundred  copies  of  annual  report  of  commission  to  be 
printed.     Ch.   138,    1905. 

33.  (2)  Commission  may  employ  experts  to  investigate  proposed  issue  of 
stocks  and   bonds   by   railroads.     Ch.   432,    1902. 

34.  Authority  of  commission  extended  to  steamship  companies  within  the 
state.     Ch.   265,  1904.     1. 

MICHIGAN. 

(References   are   to    Railroad    Commission    Act    of   19u7.) 

1.  (1)  Three  commissioners;  no  more  than  two  of  tht^same  political  party; 
appointed   by  governor.     1. 

2.  (la)  Commission  shall  be  comprised  of  at  least  one  attorney  versed  In 
transportation  law.  and  others  shall  have  knowledge  of  traffic  and  transportation 
matters.     2a. 

3.  (1)  Governor  may  remove  commissioner  for  neglect  of  duty  after  hear- 
ing.    2b. 

4.  (laj  Commissioner  not  to  be  interested  in  common  carrier,  and  if  he 
should   become  so   interested,    office   Ipso   facto  becomes   vacant.     2c. 

5.  (Id)  Salary  $3,000.     2e. 

6.  (2)  Salary  $2,000  for  clerk  and  $],5(i0  for  such  additional  experts  as  are 
necessary.    Including    an    electrical    engineer.     2g. 

7.  (33)  May  appoint  a  mechanical  engineer  of  ten  years'  experience,  to  make 
technical  Inspection  of  air  and  power  brakes,  couplers,  heating  apparatus,  train 
signals,   switches,   frogs   and  guard  rails  and   e(|uipment   of  electric   lights,   etc.     2i. 

8.  (2)  Commission    to    be    known    as    Michigan    Railroad    Commission.      2j. 

9.  (2)  Office  at  capitol;  holding  meetings  anywhere;  commissioners,  clerk  and 
all   entiled   to  traveling  expenses.     2k. 

10.  (2)  May  adopt  its  own  rules.     21. 

11.  May  confer  with  other  commissions,   etc.,    by   correspondence   or  visit.     2m. 

12.  (22)  Act  to  apply  to  all  common  carriers,  between  points  within  the  state, 
and  of  all  rates  and  charges  therefor,  except  for  charges  fixed  by  municipal 
franchise.     3a  and  b. 

13.  (22)  Express   companies  and   street  car  companies  are  common   carriers.   3c. 

14.  (Zi)  Term   railroad   defined;    and    shall   Include   all    terminal    facilities.     3d. 

15.  (22)  Transportation  defined  and  Includes  refrigeration,  icing,  storage  and 
handling   of   property    transported.     3e. 

16.  (3)  Common   carrier  must  furnish   adeciuate   service   at   reasonable   rates.   4a. 

17.  (3)  Carrier  must  make  joint   rates.     4b. 

Electric    roads   Included.      4b. 
IS.     (3)  Joint   rates    must   be   just   and    reasoiial)le.     4c. 

19.  (15e)  Free  and  reduced  transportation.  List  may  be  extended  by  com- 
mission.    5 

20.  Penalty  for  issuing  pass.     5b. 

21.  (15e)  Special  rates  for  carriage  of  goods  to  I'nited  States,  or  municipality, 
for   charitable   purposes,    or   expositions,    or   household   goods    of   employes.     5c. 

22.  Mileage    commutation   excursion    tickets    may    be    issued.     5c. 

23.  Common    carrier  to   put   In  switch  for  private   side  track.     6. 

24.  Must  make  physical  connection  with  other  roads,  including  electric  roads; 
and  exchange  cars.     7. 

25.  (3)  Common  carrier  must  have  sufficient  cars  to  meet  reasonal>le  de- 
mands,   and    furnish    same   on    application    without    discrimination.     8. 

26.  (15b)  Preference  may  be  given  all  cans  U<v  live  stock  and  perishable  prop- 
erty.    8. 

27.  Commission  may  make  rules  for  transportation  of  cars,  and  fix  per  diem 
demurrage  rates,  and  the  number  of  miles  per  day  cars  may  be  moved.     8. 


132  SYNOPSES  OF  COMMISSION  LAWS. 

28.  (15c)  Carrier  must  not  charge  more  for  short  than  for  long  haul,  except 
by  permission   of  commission  in  special  cases.     9. 

29.  (10)  Common  carrier  must  file  with  commission  and  keep  posted  scliedule 
of   rates   for   all   services   to   all   points   within    state.     10a. 

30.  No  rate  to  be  changed  by  carrier  except  on  ten  days'  notice  to  commission 
and  public,   except  on   permission  of  commission.     10b. 

31.  Proceedure   for   change   of  joint   rates  by   one  carrier.     10c. 

32.  (13)  Form  of  schedule  to  be  similar  to  those  prescribed  by  interstate  com- 
merce commission.     lOe-f. 

•     33.    Carrier  cannot    do   business   unless   schedules   are   filed   and    such    schedules 
must   be   followed   without   discrimination.     lOg. 

34.  TrooiJS  and  materials  of  war  have  preference  in  times  of  military  neces- 
sity.    lOh. 

35.  Concentratiton,  commodity  and  other  special  rates  may  be  made  if  open 
to  all  under  similar  circumstances.     11. 

36.  Classification    of    freight    shall    be    same    on    all    roads.      12. 

37.  (3)  Carriers  must  furnish  depots  aand  facilities  for  comfort  and  health  of 
passengers.     13a. 

38.  Joint   depots   must  be   furnished   where   possible.     13b. 

39.  Private  side  tracks  under  control  of  commission.     14. 

40.  Carriers    must    use    diligence    and    good    faith    in    forwarding    freight.      15, 

41.  (16)  Unjust  discrimination,  penalty  for  officer  or  agent  criminally  liable. 
16. 

42.  (15)  Discrimination    and    preference    unlawful.      17. 

43.  (15)  Rebates    unlawful.     18. 

44.  Civil  liability  of  carriers  to  person  injured  in  addition  to  penalty  by  state 
for  violation   of  act.     19. 

45.  Officer,  agent  or  employe  failing  or  refusing  to,  or  furnishing  false  infor- 
mation or  report  criminally  liable,  and  company  liable  also.  For  each  ten  days' 
willful   failure   or  refusal  in   amount   of  .'?.500.     20. 

46.  (5)  Penalty   for  failure  to   comply  with   act   or  order   of   commission.     21. 

47.  (6)  Any  person,  society,  organization,  or  municipality  may  file  complaint 
against  carrier.     22a. 

48.  (6)  Commission  shall  notify  carrier  twenty  days  prior  to  hearing  when 
complaint  will  be   heard.     22a. 

49.  (3)  After  hearing  commission  may  make  such  order  fixing  rate  or  other 
matter  as   may   be  deemed  just.     22a. 

50.  (3)  When  complaint  is  to  more  than  one  rate  or  charge  separate  hearing 
may  be   had.     22b. 

51.  (3)  Commission  may  make  investigation  without  complaint,  after  notice, 
and  shall  make  orders  based  thereon.     22c. 

52.  Railroad  may  be  complainant.    22d. 

53.  (6b)  Each  commissioner  may  administer  oath,  issue  subpoenas,  and  have 
powers  of  notaries  anad  justices  of  peace  to  compel  witnesses  to  testify  and 
produce  books.     23a. 

54.  (14)  Each  party  liable  for  own  witness  fees;  state  liable  only  for  those  on 
behalf  of  state.     23b. 

55.  (14)  Depositions  may.  be  taken.     23c. 

56.  (2)  Records   of   all    proceedings   to   be   kept.     23d. 

57.  (6)  Commission  after  hearing  may  make  any  order  changing  or  affecting 
any  rate,    charge,    service   or  facility.     24a. 

58.  (3b)  Commission  upon  application  and  notice  change  former  order  made. 
24b. 

59.  (3)  All  rates,  orders  and  regulations  made  by  commission  prima  facie 
correct.    25. 

60.  (9)  Parties  affected  by  order  may  appeal  to  courts  and  such  suits  to  have 
precedence.     26a. 

61.  Additional    evidence  may  be   admitted   on   appeal  to    courts.     26a. 

62.  (6c)  Court    may    direct   commission    to    change    order.     26a. 

63.  (7)  Injunction  staying  order  of  commission  granted  only  after  notice  and 
hearing.     26b. 


SYNOPSES  OF  COMMISSION  LAWS.  I33 

64.  If  different  evidence  offered  to  court  than  was  offered  to  commission,  court 
shall  stay  further  proceedings,  unless  parties  agree  otherwise,  15  days  and  com- 
mission may  alter,   modify,  or  rescind  order  appealed  from.     26c. 

65.  If  commission  shall  rescind  order  appeal  dismissed;  if  order  modified  or 
amended    hearing    shall    continue    on    modified    or    amended    order.      26d. 

66.  (7)  Parties  may   appeal  to  Supreme  Court.     26e. 

67.  (8)  Burden    is   on   party   complaining  of   order   of   commission.     26f. 

68.  (14)  No  person  shall  be  allowed  any  privilege  from  testifying,  but  shall 
be   immune   from    criminal   prosecution   based    on    such    testimony.     27b. 

69.  (7)  Certified  copies  of  orders  of  commission  shall  be  prima  facia  evidence 
in  any  proceeding  of  facts   stated  therein.     27c. 

70.  (3)  Commission  shall  inquire  into  the  management  of  business  of  any 
railroad.     28a. 

71.  (13)  Shall  prepare  blanks,  similar  to  forms  prescribed  by  interstate  com- 
merce commission.     28b. 

72.  (11)  Commission  may  appoint  person  to  Inspect  books  and  examine  wit- 
ness under  oath,  in  relation  to  matter  under  investigation,  but  such  person  may 
bo   required   to   produce    his   authority.     28c. 

73.  Commission  may  order  production  of  books  or  papers  kept  without  the 
state.     2Sd. 

74.  Railroad  when  required,  must  furnish  commission  copies  of  all  contracts 
with  other  roads.     29a. 

75.  Railroads  must  file  annually,  list  of  all  passes  issued,  or  tickets  sold  for 
less   than   regular   rates.     29b. 

76.  (13)  Railroad  must  report  annually  to  commission  similar  to  report  to 
interstate   commerce   commission,   but  for  state   only.     30. 

77.  Freight  tariffs  relating  to  interstate  shipments  must  be  filed  with  commis- 
sion  also.     31. 

78.  (3)  Powers    of    commission    more    than    those    specifically    named.      32. 

79.  (28)  Railroads  must  report  accidents  immediately  to  commission  and  com- 
mission  shall   invesigate.     33. 

80.  (28)  Commission    shall    investigate    accidents.      33. 

81.  (35)  Commission  on  own  motion,  or  complaint,  may  inspect  safety  of 
any  bridge,  track,  cars  or  equipment,  and  may  employ  specialists  to  inspect 
same.    34. 

82.  (35)  May  order  same  repaired  or  may  regulate  or  prohibit  use  of  until  re- 
paired.    34. 

83.  (133)  Commission  may  order  that  flagman  be  stationed  or  gate  built  at 
highway   or   street   crossing.     c5. 

84.  Railroads  crossing  each  other  must  use  at  crossing  equipment  prescribed 
by   commission.     36. 

85.  Xo  order  shall  be  made  relating  to  crossing  without  notice  and  hearing. 
37. 

86.  Penalty  for  failure  to  comply  with  order  of  commission  relating  to  cross- 
ing.    38. 

87.  Commission  to  examine  suflficiency  of  fences  and  may  order  same 
changed.     39. 

88.  Carrier  to  issue  receipt  or  bill  of  hiding  but  shall  not  limit  negotiability 
thereof  or  liability  of  carrier.     40. 

89.  (21)  Commission  to  see  to  enforcement  of  all  laws  effecting  railroads  and 
report   violatitons   to    Attorney    General.     41. 

90.  Claims  against  carriers  not  acted  on  within  ninety  days  must  be  investi- 
gated by  commission.     42. 

91.  AVhen  50  free  holders  or  any  municipality  shall  petition  commission  ask- 
ing for  additional  facilities  commission  shall  give  notice  and  after  hearing  may 
grant  petition.     43. 

92.  Street,  interurban,  suburban  and  all  other  railroads  under  jurisdiction  of 
commission.     44. 

93.  Act   shall   not  be  limited   by   technical    construction.     45. 

94.  (23)  All  penalties  in  this  act  are  cumulative  and  recovery  of  one  no  bar 
to  other.     46. 


134  SYNOPSES  OF  COMMISSION  LAWS. 

95.  Mandamus,    injunction    or    other    remedy    may    be    used    to    compel    compli- 
ance with  act  or  order  of  commission.     -17. 

96.  (13b)  Commission   reports   to   governor    on   Jan.    1.,    48. 

97.  Railroad    commission    supercedes    other    boards    heretofore    created.      49. 

9iS.  The  declaring  void  or  uneffectivc  of  any  section  or  part  of  section  shall 
not   impair  rest  of  act.     50. 

MINNESOTA. 

(References    are    to    the    code    unless    otherwise    indicated.) 

1.  (1)  Three  commissioners;  elected;  styled  "Railroad  and  Warehouse  Com- 
mission";   term   4   years.    1953. 

2.  (1)    Governor    to    fill    vacancies    until    next    election.    1954. 

3.  (la)    Commissioner   not   to   be    interested   in   railroad    or  Warehouse.    1955. 

4.  (Id)    Salary    of    Commissioners    .$3,600.    Ch.    240,    '05. 

5.  (1)   Commissioner  may  be   removed  by   Governor   after  hearing.    1957. 

6.  (2)     Secretary    at    $1,800.     Commission    may    employ    additional     help.    1959. 

7.  (2)  Commission  and  employes  entitled  to  traveling  expenses;  standing 
appropriation     $20,000    annually.    1959. 

8.  Attorney    General    and    County    Attorneys    to     represent    commission.    1960. 

9.  (2)    Office    of    commission    at    St.    Paul.     1961. 

10.  (2)    Shall    have    official    seal.    1961. 

11.  (2)Shall   prescribe    rules   of    procedure.    1961. 

12.  (3)  Commission  shall  inquire  into  management  of  railroads  and  ware- 
houses; one  of  their  number  shall  visit  stations  giving  20  days  notice  in  local 
papers    of    such    visit.    1962. 

13.  Commissioners     to     have     free     traipsportation.    1962. 

14.  Commissioner  may  enter  and  remain  in  any  depot,  railroad  office  or 
car    to    make    investigation.    1962. 

15.  (3)  Road  may  be  ordered  to  make  any  changes,  repairs  in  depots  or  in 
operating    trains,    or    in    transacting    business.    1962. 

16.  (6)    Proceedings    before   commission    to    be    instituted    by    complaint.    1963. 

17.  (6)    Commission    to   give   ten   days'    notice   of    hearing  on    complaint.    1966. 

18.  (6)    Complainant    need    not   have    pecuniary    Interest.    1966. 

19.  Notice    and    orders    signed    by    secretary.    1967. 

20.  (6b)     Commission    may     require    attendance    of    witnesses.    1968. 

21.  (6)  Unreasonable  rates  complained  of  by  any  person,  or  corporation,  pr- 
vate  or   municipal,    shall   be    investigated   and    may   be   ordered   changed.    1969. 

22.  (3)  Commission  may  investigate  without  complaint  and  order  changes. 
1970. 

23.  (3)    Party   to   proceedings   or   state    may   appeal    from    order   of   commission. 

1971. 

24.  (6c)    Appeals    heard    de    novo.    1962. 

25.  (7)    Appeal   not   to    stay    order   qf   commission    unless    court   so   orders.    1972. 

26.  Dismissals  of  proceedings  by  commission  may  be  appealed  from  to 
courts.    1973. 

27.  In  appeals  to  court  whole  records  before  commission  shall  be  filed  there- 
in.   1974. 

28.  (5)  Commission  or  any  party  interested  may  bring  action  in  court  to  en- 
force obedience   to   law  or  order   of  commission.    1975. 

29.  Action  at  law  may  be  commenced  by  commission  or  any  party  inter- 
ested   to    enforce   law    or   order   of    commission.    1975. 

30.  (9)    Courts    shall    give    precedence    to    actions    under    this    act.    1976. 

31.  (14)  Witness  may  be  required  to  answer  any  question,  but  such  evidence 
shall  not  be  used  against  him  in  any  criminal   proceeding.    1977. 

32.  (19)    Proceeding   instituted   by   commission   shall    be   in   name    of   state.    1979. 

33.  (3)    In    appeals    by    commission,    no    bond    required    by    state.    19S0. 

34.  (3)  Carrier  appealing  from  order  of  commission  to  stay  order  must  file 
bond  conditioned  to  refund  amount  received  in  excess  of  rate  fixed  by  order. 
1980. 


SYNOPSES  OF  COMMISSION  LAWS.  iq^ 

35.  (3)  Joint  rate  shall  be  fixed  by  commission  on  failure  of  roads  to  make. 
1981. 

36.  (3)  Rates  and  classifications  fixed  by  commission  not  appealed  from 
shall    be    adopted    and    published    by    carrier.    1982. 

37.  Carrier  failing  to  adopt  and  publish  rates  fixed  by  commission,  com- 
mission shall  publish  same.  Such  rates  and  classifications  shall  be  prima  facie, 
just    and    reasonable.    1982. 

38.  Shippers  and  carriers  failing  to  agree  on  terms  for  side  or  spur  tracks, 
can  appeal  to  commission   fixing  such  terms,  1983. 

.j9.     (13)  Railroads  shall  file,   verify,  and  report  to  commission  annually.     1984. 

40.  (23)    Remedies    and    proceedings    under    this    act    are    cumulative.     19S6. 

41.  (38)    Penalties    not   otherwise   specified    for   violation    of    act.    1987. 

42.  Act    liberally    construed    with    view    to    public    welfare.    1988. 

43.  (7)  Orders  of  commission  shall  be  prima  facie  evidence  of  all  therein 
stated.    1989. 

45.  (22)    No    electric     roads    included    in    term     "carrier."     199U. 

44.  (22)    Definition    of    terms    "carrier,"    "railroad,"    etc.    1990-1. 

46.  Steam  roads  shall  be  standard  gauge,  shall  be  substantially  and  safely 
constructed.    1992. 

47.  Railroads  to  adjust,  fill  and  block  all  frogs,  switi-hes  and  guard  rails. 
1993. 

48.  Signs  to  be   placed  at  public;  crossings.     1994. 

49.  Railroads  shall  maintain  good  and  sufficient  crossings  and  highways. 
1995. 

50.  (133)  On  complaint  of  village  or  city,  commission  may  retiuire  railroad 
to  maintain  flagman  at  gates  at  station  crossing.     Ch.  280,  "05. 

51.  Railroad  intersecting  farm  shall  maintain  sufficient  crossing  on  farm. 
1996. 

52.  Railroad  shall  fence  track  except  in  platted  part  of  municif)ality,  depot 
grounds,  etc.     1997. 

53.  On  demand  of  municipal  authority,  portions  of  right  of  way  in  city  shall 
be     fenced.    1997. 

54.  Good  and  sufficient  cattle  guards  shall  be  maintained  at  road  crossings. 
1997. 

55.  Company    liable    for    slock    killed    for    failure    to    fence.     1998. 

56.  When  company  has  failed  to  fence,  put  in  cattle  guards,  owner  of  abut- 
ting property  may  fence  and   collect  double  cost,     1£99. 

57.  Company  failing  to  fence  between  its  road  and  i)ublic  highway,  munici- 
pality   may    fence    and    collect    double    cost.    2000. 

58.  Owners  of  land  abutting  railroad  may  make  ci-ossings.  at  own  cost. 
2001. 

59.  Company  not  liable  for  stuck  killed  by  negligence  of  owner  providing 
crossing.    2002. 

60.  Carrier  shall  finnish  i)latforms  for  convenience  in  loading  iiiid  unloading 
heavy   freight  and  stock.    2003  and  2004. 

61.  Railroad  bridges  may  be  built  to  accinnmodale  ordin;iry  travel,  and  toll 
charged    therefor.    2005. 

62.  Road    to    construct    side    tracks    and    siiurs.     2ii06. 

63.  When  road  and  factory  owners  cannot  agree  on  t<  rms  for  l.uilding  or  use 
of   side   tracks,    commission    may   fix    such    terms.    2006 

64.  (3)  All  rates  for  the  transportation  of  passengers  or  propcrt.s-  shall  be 
uniform    and    reasonable.    2007. 

65.  Carrier  shall  not  l)y  contract  or  othei-wise  limit  its  cumnKin  law  liability. 
2008. 

66.  (15)  Carrier  shall  not  give  any/  jjrefercnccs  oi-  disiriiniiintion  for  or 
against    any    person,    lirni    or    locality.    2009. 

67.  (15e)  Special  rates  may  be  made  to  I'nitcd  ,Stat>'s,  slate  or  imniicipal 
corporation,  or  for  charitable  purposes,  or  for  fairs,  or  to  ministers,  charitable 
workers,     or    students.    2010. 

68.  Agreements    or    combitiations    for    pooling    are    prohibited.    2011. 

69.  (10)    Rates  and    schedules  to   be   printed   and   open    to  public   inspection.     2012. 


136 


SYNOPSES  OF  COMMISSION  LAWS 


70.  Rates   shall   not  be   changed   except   after   ten   days"    notice.    2013. 

71.  (10)  Copies  of  schedules,  including  joint  rates,  shall  be  filed  with  com- 
mission.   2014. 

72.  Carriers  shall  file  with  commission  copies  of  all  contracts  or  agreements 
with    other    roads.    2014. 

73.  (3)    Carriers   shall   charge   only    rates    fixed   published   schedules.    2015. 

74.  But    one   switch   charge   shall    be   made   at    terminal    points.    2016. 

75.  (15c)  Carriers  shall  not  charge  more  for  shorter  haul  than  for  long  haul, 
except    on    permission    of    commission.    2017. 

76.  (3)   Carriers  shall   establish   joint   rates.    2018. 

77.  (3)  Roads,  connecting  or  intersecting,  must  provide  transfer  facilities  by 
physical     connection.    2019. 

78.  Freight  and  car  load  lots  not  to  be  unloaded  and  reloaded  at  transfer 
points,    except   at    cost   of    carrier.    2021. 

79.  Cost  of  transfer  not  less  than  car  load  lots  to  be  included  in  joint  rates. 
2022. 

80.  When  demand  for  cars  is  greater  than  the  supply,  carrier  shall  furnish 
one  car  to  each  applicant,  and  shall  distribute  other  cars  in  proportion  to  de- 
mands of  shipper.    2023. 

81.  Empty  box  cars  shall  be  closed  during  transit  to  prevent  spread  of  nox- 
ious   weeds.    2024. 

82.  Company  shall  furnish  stocli  cars  when  demanded  for  shipment  of  stock. 
2025. 

83.  (15f)  Care  talcers  entitled  to  free  transportation  on  train  with  stock. 
2026. 

84.  (45)  Shipper  has   thirty-six  hours  to  load  car.     2027. 

85.  Railroad  company  shall  maintain  at  all  villages  and  stations  on  its  line, 
depots,     comfortable    conveniences    for    passengers    and '  freight.    202S. 

86.  Passenger  depots  must  be  comfortably  furnished,  heated  and  lighted, 
and   open  at  least   a  half-hour  before  arrival   of  train.    2028. 

87.  Whenever  the  traffic  at  any  station  amounts  to  $8,000  per  annum,  com- 
pany must  maintain  agent,  and  no  station  shall  be  abandoned  or  removed  with- 
out   consent    of    commission.    2029. 

88.  Passenger  trains  must  stop  at  stations  at  least  one  minute  at  schedule 
stopping   places.    2031. 

89.  Railroad  company  must  notify  commission  of  the  opening  of  any  road, 
bridge,  or  extension,  and  within  one  year  thereafter  file  map,  showing  grades, 
curvatures,    and    mileage.    2032. 

90.  Trains  at  grades,  crossing  with  other  roads,  must  make  full  stop,  unless 
interlocking   or   other   signal    device    is    used.    2033. 

91.  Trains  shall  stop  for  transfer  of  passengers  at  junction  or  intersecting 
points.    2034. 

92.  Train  schedules  shall  be  so  arranged  as  to  facilitate  transfer  of  passengers 
at  junction  or  intersection  points.     2034. 

93.  Passenger   cars   must  be    provided   with   toilet    rooms.    2035. 

94.  Cars  for  accommodation  of  passengers  must  have  fire  extinguishers  and 
two  saws  and  two  axes  on  each  car,  one  each  on  the  inside  and  one  on  the  out- 
side.   2036. 

95.  Locomotives    shall    be    provided    with    spark    arresters.    2037. 

96.  Right  of  way  for  fifty  feet  on  each  side  of  center  of  track  to  be  kept 
cleared    of    combustibles.    2037. 

97.  Employes  shall  not  leave  fires  near  woodland,  and  they  shall  report  at 
first  telegraph  station   fires  along   line   of  road.    2037. 

98.  Roads  helped  by  public  aid  shall  not  be  abandoned  (except  2039  on  per- 
mission  of  court   after  a  hearing.    2038. 

99.  (28)  Carrier  must  report  all  accidents  or  wrecks  in  which  persons  were 
killed   or   injured  within   sixty  days   offer  occurrence.    Ch.   122,-1 

100.  Carrier   may    prescribe   rates    in    the    first    instance.    Ch.    176,    '05-1. 

101.  (10)    Notice    of   tariff   must   be    posted    in    large    legible    type.     Ch.    176,    '05,2. 

102.  All  published  rates  shall  be  deemed  just  and  reasonable,  and  only  changed 
on  order  or  consent  of  commission.    Ch.  176,  '05,  3. 


SYNOPSES  OF  COMMISSION  LAWS 


137 


103.  (15e)  Special  rates  may  be  made  to  the  United  States,  state,  municipal- 
ity, church,  religious  society,  charitable  institution,  fairs,  or  for  carrying  seed 
grain.    Ch.    176.    '05,    4. 

104.  (6)  Commission  shall  give  hearing  on  apiJlication  of  carrier  to  change 
rate.    Ch.    176,    '05.    5. 

105.  Under  certain  conditions  commission  may  permit  rate  changed  without 
hearing.    Ch.    176,    '05,    6. 

106.  Commission  shall  make  special  efforts  to  determine  whether  rebates  or 
special  privileges  are  given,  and  for  this  purpose  may  enter  any  office  of  the 
carrier  and   examine   any   books   or   records   therein.    Ch.   176,    '05,   8. 

107.  Carrier  guilty  of  rebating  shall  be  subject  to  fine  of  $5,000  and  person 
receiving   same    guilty    of   misdemeanor.    Ch.    177,    '05,    ]. 

108.  All  depots  shall  have  suitable  and  sanitary  toilet  rooms  therein.  Ch. 
221,    '05,    1. 

109.  Mileage  tickets  or  books  to  be  transferable.     Ch.  221,  '05,  1. 

110.  Station  must  have  same   name   as   city   or  village.    Ch.   252,    '05,   1-2. 

HI.  Commission  may  appear  and  prosecute  proceedings  before  Inter- 
state Commerce  Commission.    Ch.   279,    '05,1. 

112.  All  stations  where  telegraph  operator  is  kept,  time  of  arrival  and  de- 
parture of  trains,  including  train  number,  schedule  time  and  lateness  of  train 
shall  be  posted  in  a  conspicuous  place.    Ch.  287,  '05,  1. 

113.  On  abandonment  of  any  road  company  shall  be  liable  on  demand  for  any 
bonus  granted  for  construction  of  abandoned  line.     2040. 

114.  Fire  thrown  from  engine  or  cars  shall  be  prima  facie  evidence  of  negli- 
gence by   railroad.     2041. 

115.  Company  liable  for  injury  to  servant  caused  by  negligence  of  other  ser- 
vant except  on  new  road  not  open   to  public.     2042. 

116.  (120)  Ticket   agents    to    have    license   from   secretary    of   state.     2043. 

117.  (121)  Ticket   agent   must  keep   license   posted   in   conspicuous   place.     2043. 

118.  (126)  Carrier  must  redeem  unused  ticket.    2044. 

119.  Railroads  shall  pay  a  gross  earnings  tax  in  lieu  of  other  taxes.     1003. 

120.  Roads    shall    report    gross    earnings    to    commission.      1005. 

121.  Commission  shall  certify  gross  earnings  to  state  auditor,  and  amount  of 
taxes  due  thereon.     1006.  « 

122.  Failure  of  railroad  to  make  report  of  gross  earnings,  state  treasurer 
shall   estimate   same   and   fix  tax.     1007. 

123.  State    treasurer   may    distrain    property    to    collect    tax.     1008. 

124.  Five  per  cent  added  to  taxes  for  failure  to  pay  same  by  March  first.     1009. 

125.  Engine  and  cars  may  be  distrained  and  depots,  warehouses,  and  tracks 
seized  to  collect  tax.     1010. 

126.  Roads   having   land    grants   must    report    sales   of   land    annually.     1011. 

127.  Carrier  must  make  annual  report  under  oath  of  its  officers  of  all  its 
sales  of  stock  issued,  sold,  pledged,  and  disposed  of  and  amount  received  for 
same.     2912. 

MISSISSIPPI. 

(References   are  to   Code  of   1892   unless   otherwise   indicated.) 

1.  Speed   of  trains   six   miles   per  hour  in   cities    and   towns.     3546. 

2.  Engine  must  have  bell  and  whistle.  Same  must  be  used  in  approaching 
highway    crossings.     3547. 

3.  --Ml   passenger    trains   must    stop    at   county    seats.     ,"550. 

4.  Highways  or  streets  must  not  be  ol)structed  by  trains  more  than  five 
minutes.     3551. 

5.  Conspicuous   signs    be   placed    at    all    highway    crossings.      3552. 

6.  Railroads  liable  must  provide  easy  and  convenient  crossing  at  higliways. 
3555. 

7.  Railroads    liable   in    damages    for    any    noglect    or    mismanagement.      3557. 

8.  Fellow  servant  rule  abolished  except  where  ser\ants  arc  working  together 
in  the  same  employment.    3559. 


138  SYNOPSES  OF  COMMISSION  LAWIS. 

y.  Assumed  risk  abolished  except  to  i'onductnrs  or  engineers  voluntarily  us- 
ing  unsafe    appliances.     oo59. 

1(1.  Right  of  action  not  to  abate  on  death  of  person  injured  but  shall  sur- 
vi\e   to    legal    or  personal   representative   of   the   deceased.      ;5559. 

11.  All  contracts  or  agreements  between  railroad  and  emijloyes  waving  em- 
ployes'  right  under  this   contract  void.     3559. 

12.  (130)  Railroad  must  provide  cattle  guards  where  track  passes  through 
enclosed   lands.     3561. 

13.  Separate  and  eciual  accommodations  to  be  provided  for  different  races. 
3562. 

14.  (1)  Commission  to  consist  of  three  members  elected  by  districts.  Shall 
have  no   interest   in    any   railroad.     4273. 

15.  (1)  Commissioners  shall  not  accept  any  gifts  or  emolument  from  any 
comomn   carrier.     4274. 

16.  (1)  Commission  shall  take  oath  and  furnish  $10,000  bonds.     4275. 

17.  (2)  Commission  with  consent  of  the  Senate  appoints  a  secretary  who  shall 
have   like   qualifications   of   a   commissioner.      4276. 

IS.     (2)  Commission    shall   keep   ofiice    at    capitol.      4276. 

19.  Commission  must  have  regular  meetings  at  office  the  first  and  third  Mon- 
days in  each   month.     4277. 

20.  (2)  Commission  shall  keep  record  of  proceedings  which  shall  be  open  to 
public.     4277. 

21.  (2)  Commission  to  have  seal  with  margin  "'Mississippi  Railroad  Commis- 
sion."    4278. 

22.  (6b)  Commission  or  secretary  may  administei'  oaths  and  commission  or 
any  commissioner  may  examine  witnesses.     4379 

23.  Commission  shall  keep  a  docket  of  all  complaints  and  petitions  and  same 
shall  be  heard    in   order  of   filing.     4280. 

24.  Notice    to   be    given   to    railroads    of   hearings    to    revise    lands.     4282. 

25.  Serving   of    notice    on    common    carriers    may    be    by    mail.      4282. 

26.  All  findings  and  decisions   of   comimsison   shall   be   in   writing.     4284. 

27.  (3)  Findings  or  decisions  of  commission  shall  be  prima  facie  evidence  of 
all  matters  stated   therein.     4284. 

28.  (6b)  Commission  may  issue  subpoenas  to  witnesses  and  subpoenas  duces 
tecum.     4285. 

29.  (6b)  Subpoenas    served    same    as    in    court    proceedings.     4285. 

30.  Misdemeanor  for  witness   to  fail   or  refuse  to  appear  and   testify.     4285. 

31.  (9)  Commission  may  apj:>ly  to  court  to  enforce  observance  of  law  or 
obedience   to   its  orders.     4286. 

.32.  (15)  Railroads  not  to  discriminate  or  charge  unreasonable  rates  or  charge 
more  than  rates  fixed  by  commission.     4287. 

33.  (15b)  Railroads  guilty  of  extortion  liable  in  double  damages  for  over- 
charge   or    discrimination.      4288. 

34.  (10)  Railroads  must  file  with  commission  tariffs  of  charges  including  joint 
tariffs  of  connecting  lines.     4290. 

35.  (3)  Commission    may    revise    tariffs    and    fix    reasonable    rates.      4290. 

36.  In  fixing  tariffs  commission  shall  consider  services  to  be  rendered,  entire 
business  of   the   road   and   its  earnnigs.     4290. 

37.  (3)  Commission  may  revise  rates  from  time  to  time  as  public  welfare  de- 
mands.    4290. 

38.  (4)  Commission  in  fixing  joint  rates  shall  apportion  the  rate  to  road  ef- 
fected.    4290. 

39.  Commission  to  fix  charges,  supervise  and  regulate  express,  telegraph, 
telephone   and   sleeping   car  companies   same    as   railroads.     4291. 

40.  (15e)  Free    and    reduced    transportation.      4292. 

41.  (15b)  Penalty    for   unjust   discrimination    or    rebating.      4293. 

42.  (iO)  Railroads  to  keep  posted  tariffs  at  each  depot  including  both  tariffs 
in  such  manner  and  place  as  commission  may  prescribe.     4294. 

43.  (10)  Commission  to  prescribe  manner  and  place  of  posting  tariffs  at  all 
depots.      4294. 


SYNOPSES  OF  COMMISSION  LAWS.  I39 

44.  (15a)"All  common  carriers  including  transportation  must  furnish  all  in- 
formation  required  by   the   commission.     4296. 

45.  Commission  shall  receive  from  all  common  carriers  complete  reijort  of 
management,  uncommon  receipts,  expenses,  and  all  leases  contracts  and  agree- 
ments with   other  common   carriers.     4296. 

46.  (6)  All  complaints  to  commission  to  be  in  writing  and  hearing  thereon 
after   notice.     4297. 

47.  Hearing  shall  be  fair  to  both  sides  and  under  such  conditions  as  deemed 
best   to   arrive   at   truth.     4297. 

48.  Commission    may    regulate   time    schedules.     4297. 

'      49.     (3)  Railroads    must    switch    to    connecting   lines    under   such    further    condi- 
tions as  may   be  fixed  by   commission.     4298. 

50.  Bill   of   lading   prima   facie   evidence    of    receipt    of   goods    by    carrier.     4299. 

51.  Railroads  must  establish  depots  where  public  convenience  requires  and 
commission  may  order  trains  stopped  at  other  places  for  convenience  of  public. 
4303. 

52.  A  road  shall   not   abandon  depot   without   consent   of   commission.     4302. 

53.  (3)  Commission  shall  establish  rules  and  regulations  for  depots  to  secure 
comfort  of  passengers.     4303. 

54.  (3)  Railroads  shall  keep  the  reception  room  of  the  depot  as  directed  bj- 
the  commission,  bulletin  boards  showing  arrival,  departure,  and  lateness  of 
trains.     4304. 

55.  Commission  to  visit  depots  and  stations  and  observe  management  thereof. 
4305. 

56.  (3)  Commission  may  re(iuire  railroads  to  furnish  sufficient  passenger  cars. 
4306. 

57.  (28)  All  accidents  causing  delay  to  trains  or  personal  injury  must  be  re- 
ported   to    commission.      4307. 

58.  (28)  Wrecks  causing  death  or  serious  injury  investigated  by  oomimssion. 
4308. 

59.  Commission  may  designate  site  of  depot.     4::09. 

60.  Commission   may   require   union   depots   to   be   built    and   maintained.     4310. 

61.  (3)  Commission  to  hear  complaints  on  insufficiency  of  station  facilities 
and   may    order   changes.     4311. 

62.  Commission  may  require  separate  accommodations  for  races  at  depot. 
4312. 

63.  (3)  Commission  may  require  any  additions,  alterations, or  facilities  in  any 
depot  as  may  be  deemed  required.    4312. 

64.  Depots  shall  be  kept  open  one  hour  before  arrival  of  trains  and  shall  be 
kept  comfortable  and  orderly.     4313. 

65.  Commission  may  order  gates  where  railroad  and  thoroughfares  cross. 
4314. 

66.  Commission  on  lomplaint  or  otherwise  shall  examine  safety  of  any 
bridge,  trestle,  tunnel,  or  roadbed  and  report  finding  to  the  railroad  company. 
4315. 

67.  (35)  Commission  may  employ  comiietent  engineer  to  examine  bridge, 
trestle,    tunnel    or   roadbed.     4315. 

68.  (32)  Automatic  couplers  placed   on  cars  as  directed   by  commission.     4317. 

69.  (2)  Commission  and  secretary  have  free  transportation  when  on  business 
of   state.     4318. 

70.  Railroads    to    make    quarterly    reports    to    commission.      4320. 

71.  (13)  Shall    also    make    an    annual    report.     4321. 

72.  Express,  telegraph,  telephone  and  sleejiing  car  comi>anies  make  like  re- 
ports  as  railroad.     4322. 

73.  (22)  Commission  to  have  same  authority  o\'er  express,  telegraph,  tele- 
phone  and    sleeping    car    companies    as    over    railroads.      4325. 

74.  Commission  may  retiuire  telegraph  and  express  companies  to  establish 
and  maintain  offices  when  necessary.     4328. 

75.  (38)  Penalty  of  ?500  for  common  carriers  violation  any  of  the  provisions 
of   this  act   or  any  order   of  commission.     4329. 

76.  Certain   state   railroads   not  subject   to  this  chapter.     4330. 


l^Q  SYNOPSES  OF  COMMISSION  LAWS. 

77.  (21)  Commission  duties  to  enforce  all  laws  relating-  to  common  carriers. 
4331. 

78.  One  or  more  of  the  commissioners  to  spend  at  least  one  day  annually  in 
each  county  traversed  by  railroads  to  inquire  into  needs  of  the  public  in  rela- 
tion  to   common   carriers.     4332. 

79.  Commission    to    make    bi-ennial    reports    to    the    legislature.      4333. 

80.  (22)  "Railroads"  mean  common  carriers  and  "company"  embraces  tele- 
graph,   telephone,   express   and   sleeping   car   companies.     4336. 

81.  Sleeping  car  companies  to  pay  a  tax  of  $100  and  75c  a  mile  for  each  mile 
of  track  operated.     4387. 

82.  Railroad  commission  shall  have  state  railroad  assessors  and  shall  assess 
and  fix  the  value  for  taxation  of  all  railroad  property  within  the  state.     3877. 

83.  Telegraph,  express  and  sleeping  car  companies  to  be  assessed  the  same  as 
railroads.     3585. 

84.  Commission  may  require  the  abandonment  of  side  tracks  when  interfer- 
ing with   highway   crossings.     Act   Mar.   30,    '92. 

85.  Commission  may  require  side  or  spur  tracks,  factories,  warehouses,  or 
other  points  for  receipt   of   freight.     Act  Mar.   19,    '96. 

86.  Roads  crossing  each  other  at  grade  and  having  interlocking  devices  may 
pass  such  crossings  without   stopping.     Act   Mar.   23,    '96. 

87.  Commission  may  require  physical  connection  between  roads  of  similar 
gauge  approaching  within  one  mile  of  each   other.     Act  Feb.  11,   '98. 

88.  Commission   to   supervise   (;ar  service    association.     Act   Feb.    11,    '98. 

S9.  (22)  Telegraph,  telephone,  express,  sleeping  car,  palace  car  or  dining  car 
companies  shall  be  under  the  jurisdiction  and  control  of  railroad  commissioners, 
same  as  railroads.    3886. 

MISSOURI. 

(References    are    to    Missouri    Annotated    Statutes,    1906.) 

1.  (1)  Commission  to   consist  of  three   persons;    elected;   term   6   years.     1198. 

2.  (la)  Persons  .  pecuniarily    interested    in    common    carrier    not    eligible.      1198. 

3.  (13c)  Commission    to    investigate    interstate    rates.      1199. 

4.  (13c)  Upon  complaint  being  filed  against  interstate  rate,  commission  to 
prosecute    same    before    interstate    commerce    commission.      1199. 

5.  (6b)  Upon  complaint  being  filed  commission  may  issue  subpoenas  and  re- 
quire the  production  of  books  and  papers.     1200. 

6.  (6b)  Witness  refusing  to  obey  summons  of  commission  circuit  court  to 
order  obedience.     1201. 

7.  (6b)  Witness    ignoring   subpoena   guilty    of   misdemeanor.     1202. 

8.  (13b)  Commission    to    make   annual    report   to   governor.     1203. 

9.  (3)  Commission    to    classify    freight.     1204. 

10.  (35)  Track  equipment,  etc.,  to  be  examined  by  commission,  and  speed  of 
trains  may  be   regulated   over  defective   or  dangerous   track    or   bridge.     1205. 

11.  (3)  Rates   fixed   by    commission    must   be    observed    by    carrier.     1206. 

12.  (15)  Carrier  charging  higher  rate  guilty  of  misdemeanor  and  liable  in 
treble   damages   to   party   injured.     1206. 

13.  (Id)  Salary   of   commissioner  $3,000.     1208. 

14.  (Ic)  Bond    of   commissioner  $20,000.     1207. 

15.  (2)  Board    to    employ    secretary,    salary   .?2,000.     1208. 

16.  (3)  Certified  copy  of  proceedings  to  be  admitted  in  evidence  without 
further  proof.     1208. 

17.  (3)  Commission  to  require  connecting  or  intersecting  railroads  to  make 
reasonable  connections  of  trains.     1210. 

18.  (3)  Commission   may   fix   schedule   of   trains.     1211. 

19.  (6)  Commission  to  investigate  on  complaint  of  three  or  more  adult  male 
residents  complaining  that  trains  are  not  making  proper  connections  at  jimction 
points.     1212. 

20.  (6)  Commission    to    give    notice    of    hearing    on    complaint.     1213. 

21.  (3)  Carriers  refusing  to  observe  order  of  commission  requiring  trains  tON 
connect  at  junctions  liable  to  fine.     1214. 


SYNOPSES  OF  COMMISSION  LAWS.  i^i 

22.  (3)  Commission  to  require  roads  nearing  or  intersecting  each  other  to 
physically   connect  tracks.     1215. 

23.  Commission    may    require   trains    to   stop    at   any   station.     1219a. 

24.  Commission    may    order   changes    in    time   cards.     1219b. 

25.  Commission  to  require  branch  trains  to  connect  with  trunk  line  trains. 
1219f  1. 

26.  Commission  semi-annually  to  require  roads  to  file  copies  of  all  contracts 
with   other   carriers.     1064. 

27.  Road   must   give   notice   of    change    of   time    of   passenger   train.     1076. 

28.  (3)  Carrier  to  keep  bulletin  boards  at  each  station  showing  time  of  ar- 
rival  and  departure,   and   lateness  of  trains.     1077. 

29.  (39)  Cars   to   be   furnished   within    4   days.     1082.     1. 

30.  (40)  Freight  in  carloads  or  less  must  be  received  and  forwarded  at  the  rate 
of  60  miles  per  day.     10S2.     2. 

31.  (42)  Carrier  must  give  notice  to  consignee   upon  arrival   of  freight.     1082.    3. 

32.  (43)  Cars  to  be  placed  at  warehouse  or  sidetracked  for  unloading  within  24 
hours  after  arrival.     1082.     4. 

33.  (45)  Shipper    must    load    cars    within    48    hours    after    delivery.      1082.     5. 

34.  Car  must  be  unloaded  by  consignee  within  48  hours  after  notice  of  ar- 
rival.    1082.     5. 

35.  Freight  not  in  carload  shipments  to  be  removed  from  depot  without  de- 
murrage within  48  hours   after   notice    of  arrival.     1082.     7. 

36.  (42)  Demurrage  and  reciprocal  demurrage  on  cars  and  demurrage  on 
freight  not  in  carload  shipments  per  ton,  $1.00  per  day  per  car,  or  per  ton.  1082. 
1  to  7. 

37.  (130)  Railroads  to  fence  right  of  way,  and  to  provide  cattle  guard,  gates, 
etc.     1105. 

38.  (15b)  Railroads  to  receive  and  deliver  freight  at  junction  and  crossing 
point  from   and   to   other   carriers    without    discrimination.     Ills. 

39.  Switches,    guardrails   to   be   blocked.     1123. 

40.  (15c)  Not  to  charge  more  for  short  haul  than  long  haul.   1126,   1134. 

41.  (22)  Railroads  are  pulilic  highways,  and  railroad  companies  common  car- 
riers.    1127.  1128. 

42.  (15)  Special    rate,    rebate,    drawback    or    favor   rirohibited.     1129. 

43.  (15)  Extortion    or    unjust    discrimination    prohibited.      1130. 

44.  (15a)  Discrimination    between    persons    or    localities    prohibited.      1133. 

45.  Pooling    agreements    unlawful.     1135. 

46.  (15e)  Special  rates  may  be  given  to  United  States,  State,  or  for  any  fair, 
religious,    scientilic,    benevolent    or    charitable    purpose.     1134. 

47.  (10)  Carrier  must  print  and  keep  for  public  inspection  schedules  of  rates 
and  classification.     1136. 

48.  (10)  Schedule   of   joint    rates    to    l)e    filed    with    commission.     1137. 

49.  (3)  Commission  to  see  that  joint  rates,  fares  and  charges  are  just  and 
reasonable.    1138. 

50.  (6)  Upon  complaint  of  any  person  interested  commission  to  give  hearing 
and  may  fix  any  rate  deemed  just.     1143. 

51.  (9)  Commission  may  petition  circuit  court  to  enforce  orders  of  commis- 
sion.    1150. 

52.  (9)  Circuit  court  to  give  hearing  and  may  by  mandamus,  injunction  or 
other  writ   enforce    order   of   commission.     11.^.0. 

53.  (9)  Court  may   modify   order  of   commission.     1152. 

54.  Commission   failing   or   refusing   to   act    may   be    mandamused.     1154. 

55.  (22)  Commission   to   have   jurisdiction    over   express   companies.     1159. 

56.  All    railroads   in   state   divided   into   three   classes.     1191. 

57.  (3)  Commission    to   establish   just   and    reasonable   freight   rates.     1194ab. 

58.  (10)  Railroads    must    furnish    schedule    of    rates    to    commission.     1194bb. 


I4.0  SYNOPSES  OF  COMMISSION  LAWiS. 


MONTANA. 

(References  are  to  Railroad   Commission   Act   of  1907.) 

1.  (1)  Three  commissioners;  elected;  term  six  years.  First  board  named  by 
legislature  in  commission  bill.     1. 

2.  (1)  Vacancies  to   be    filled   by   appointment  by   governor.     1, 

3.  (la)  Qualifications   of   commissioners.     1. 

4.  (lb)  Constitutional    oath    by    commissioners.     2. 

5.  (lb)  Bond  for  $25,000;   sureties  to  be  approved  by  governor.     2. 

6.  (2)  Office  at  state  capital.     3. 

7.  (2)  Regular  session  at  state  capital  at  least  once  a  month.  Meetings  may 
be   held  at  any  place  within   the  state.     :*. 

8.  (6a)' The  sessions   of   the  board   to   be  public.     3. 

9.  (2)  Board    may    adopt    rules   to    govern    proceedings.     3. 

10.  (2)  Board   to    have   official   seal.     4. 

11.  (1)  Chairman   to   be   selected.     5. 

12.  (2)  Board    to    appoint    secretary,    stenographer,    inspectors    and    experts.     5. 

13.  u>i)  Salary    of   commissioners  ?4,000.     6. 

14.  (2)  Salary  of  secretary  $3,000.     6. 

15.  (2)  Salary  of  stenographer  .?1.20i).  Members  of  commission  and  employes 
to  have  free  transportation  and  actual  necessary  expenses  paid.  Board  allowed 
$4,000   per   annum    for    incidental    expenses.     6. 

16.  (2)  Secretary  to  keep  record  of  proceedings  and  be  custodian  of  records 
and  files.     9. 

17.  (6b)  Commission   to   have  power  of  court   to  issue  process.     10. 

18.  (6b)  May   call   on   district   court   to   enforce   subpoena.     10. 

19.  (22)  Commission   law   applied   to   all   railroad   and    express   companies.     11. 

20.  (22)  Definitions   of   terms    used    in    railroad   comimssion   law.     11   and   12. 

21.  (3)  Board    to    classify    and    subdivide    freight    and    fix    rates.      13. 

22.  (3)  Authority   of  board  to   fix  joint  rates.     13. 

23.  (13c)  Violations  of  interstate  commerce  law  to  be  investigated  by  commis- 
sion  and   reported   to   interstate    commerce    commission.     13. 

24.  Notice  of  new  schedule  or  changes  in  schedule  to  be  published  for  two 
weeks   in   some   Helena    newspaper.     14. 

25.  (10)  New  schedules  or  changes  in  schedules  to  be  posted  by  common  car. 
rier.     14. 

26.  Ten  days'  notice  of  maximum  rates  and  transportation  to  be  oublished  in 
two  daily  papers.     14. 

27.  (3)  Transportation    and    rates    to    be    effective    in    twenty    days.     14. 

28.  (3)  Commission  to  have  authority  to  change  or  abolish  transportation  or 
rates.    15. 

29.  Board    to    have    authority    to    fix    passenger    rates.     15. 

30.  Complaint    of    shippers    must    be    investigated    within    forty    days.     15. 

31.  (3)  Board  to  have  general  supervision  of  all  railroad  and  express  com- 
panies.    16. 

32.  (21)  All   railroad   laws   to   be  enforced   by   the   comimsison.     16. 

33.  (11)  Board  to  have  authority  to  inspect  books  and  records  of  all  railroad 
companies.    16. 

34.  (28)  All  accidents  resulting  in  death  or  injury  to  any  person  to  be  in- 
vestigated by  commission.     16a. 

35.  (28)  Accidents  resulting  in  loss  of  property  exceeding  $2,000  to  be  investigated 
by  commission.    16a. 

36.  (37)  Reports  of  accidents  to  be  made  by  railroad  companies.     17. 

37.  (6b)  Power   to    issue    subpoenas    for    witnesses.      18. 

38.  (14)  Witness   fees   three   dollars   per  day,    mileage   five   cents.     18. 

39.  (14)  Immunity  of  witnesses.     18 

40.  (3)  Power    of    commission    to    compel    proper    train    service.      19. 

41.  (3)  Commission    to    require    desirable    depot    building.      19. 

42.  (9)  Attorney    general   to   act   as   attorney   for  board.     20. 

43.  Authority    to    employ    special    counsel.     20. 


SYNOPSES  OF  COMMISSION  LAWS.  I43 

44.  (9)  Duty     of     attorney     general     to     institute     proceedings.       20. 

45.  (9)  Commission   proceedings   to  have   precedence   in   court.     2li. 

46.  (9)  Action   to   review   in   district  court.     21. 

47.  (9>  Hearings   and   orders   by   court.     21. 

4.S.     (15;  Discrimination    and   rebate   prohibited.     22. 

49.  (15ej  Excursion   rates  within   the   state   permitted.     22. 

50.  (15b)  Railroads  prohibited  from  charging  higher  rates  than  fixed  by  com- 
mission.   23. 

51.  (9)  Orders  and  regulations  of  ct)mmission  may  be  enforced  by  district 
court.     24. 

52.  (9)  Proceedings   in    court    tc   have   precedence   over    other   civil    bu.siness.     24. 
5;;.     (S)  Burden   of  proof   on   defendant.     24. 

54.  (3)  Appeals   to  Supreme  Court.     25. 

55.  (17)  Recovery  of  excess  payment  made  to  railroads.  If  over-charge  will- 
fully   made   treble  amount   shall   be   awarded    in   damages.     26. 

56.  (3;  Railroads  may  bring  action  in  district  court  to  set  aside  order  of 
commission.     27. 

57.  (6c)  Shipper  may  bring  action  against  railroad  commission  to  determine 
reasonableness  of  rates  fixed.     28. 

58.  (38)  Penalty  of  willful  refusal  of  railroads  to  obey  law  or  orders  of  com- 
mission.    29. 

59.  (20)  Penalties    under   law    to   be    paid    into    state    treasury.     30. 

60.  On  refusal  of  commission  to  do  so  shipper  may  bring  action  in  name  of 
the  state  against  railroad.     30. 

01.  Comimssioners  and  secretary  of  board  prohibited  from  soliciting  favors 
from   railroad   corporations.     31. 

62.  (13)  Annual    reports   to   be   made   to   commission   by   railroad    companies.     32. 

63.  (13b)  Commission   shall   make   annual    reports   to    governoi-.     33. 

64.  (21)  All    railroad   laws   to   be   enforced   by    commission.     34. 

65.  (21)  Railroad  commission  to  report  violations  of  railroad  laws  to  attorney 
general.     34. 

66.  (1)  Removal   of   commissioners   by    governor.     34. 

67.  Right   of   action   not   waived   by   commission    law.   35. 

68.  (24)  Appropriation    $50,000.      36. 

NEVADA. 

Nevada,  by  act  approved  March  5,  1907,  provided  for  a  railroad  commission  of 
three  members  to  be  appointed  by  a  board  consisting  of  the  governor,  lieutenant 
governor  and  attorney  general;  term  of  office  three  years.  Commission  has  plen- 
ary powers  to  regulate  all  common  carriers.  Copy  of  this  act  was  not  received  in 
time   to  give   synopsis   in   this   i)ublication. 

NEW  HAMPSHIRE. 

(References   are    to    Title   21,    Chapter   1.55,    General    Laws.) 

1.  (1)  Three   commissioners,    bi-partisan   board.     1. 

2.  (1  &  30)  Commissioners  appointed   by   governor,    confirmed   by   council.     2. 

3.  (1)  Commissioners   may   be   removed   by    governor  and   couiuil.     2. 

4.  (1)  Term  of  office  three  years.     2. 

5.  (1)  Chairman  of  board  appointed  as  such.     2. 

6.  (1)  Vacancies   to   be    filled   by    appointment.     2. 

7.  (2)  Board   shall   choose   one   of   its    members   clerk.   3. 
S.  (2)  Board   to   have   office    at   state   caj)intal.     4. 

9.  (Id)  Salary    of   chairman    $2,.5(H).    clerk   $2,200,    commissioners   $2,000.     5. 

10.  Commissioners    to    have    free    transportation    over    railroads.      5. 

11.  (2)  Board  to  have  annual  allowance  of  $1,000  for  additional  employes,  sten- 
ographers,   experts    and    for    purchase    of    supplies    and    incidentals.      6. 

12.  Expenses  of  the  b'oard,  including  salaries  of  its  members  to  be  paid  by 
railroad   corporations   in   proportion   to   their  gross   receipts.     7. 


144 


SYNOPSES  OF  COMMISSION  LAWS 


V.i.     (la)  Qualifications    required    of   members    of    commission.     8. 

14.  No  commissioner  to  sit  upon  hearing  before  board  who  would  be  disquali- 
fied to  act  as  a  juror.     9. 

15.  Governor  may  appoint  temporary  commissioner  to  act  instead  of  disquali- 
fied commissioner  to  sit   on  hearings.     10. 

16.  (3)  Commissioners  to   have  general  supervision  over  railroads  of  state.     11. 

17.  (13)  Commissioners    may    prescribe    form    of    railroad    accounts.      11. 

18.  Commissioners  to  examine  railroads  and  railroad  accounts  at  least  once 
each  year.    11. 

19.  (28)  Accidents   on   railroads   to   be   investigated    by   commission.     12. 

20.  (3)  Commission  shall  have  power  upon  petition  of  any  party  interested 
to    investigate    transportation   charges.     13. 

21.  Commission  may  investigate  railroad  management  and  business  and 
make  and  recommend  improvements,  repairs  or  changes  in  next  annual  report.  14. 

22.  (21)  Commission  may  direct  attorney  general  to  Institute  proceedings 
against  railroads  violating  any  railroad   laws  of  state.     15. 

23.  (6)  Upon  complaint  by  city  or  town  officials,  or  twenty  legal  voters  there- 
of, against  railroads  for  any  cause,  commission  shall  hold  hearing  and  adjudge 
whether   complaint    is   well    founded.     16. 

24.  No  action  of  commission  shall  impair  legal  duties  and  obligations  or  lia- 
bilities of   railroads.     16. 

25.  (11)  Commission  to  have  authority  to  examine  railroad  books  and  ac- 
counts,  papers    and   leases   or   contracts.     IS. 

26.  (11)  Penalty  for  refusal  by  railroads  to  allow  commission  to  examine 
books  and  records.     19. 

27.  (6b)  Comimssioners  may  summon  witnesses  to  testify  in  investigations 
before  it.    20. 

28.  (6b)  Courts  may  be  called  on  by  commission  to  compel  attendance  of 
witnesses.     20. 

29.  (14)  Witness   fees    and    mileage.     20. 

30.  (6b)  Commissioners  authorized  to  administer  oaths  to  witnesses  and 
others  In   the   course   of    official    business   before   board.     21.- 

31.  (13b)  Commission    to    require    annual    report   from    railroads.     22. 

32.  (13)  Commission    to   make    annual    report    to    legislature.     23. 

NEW  JERSEY. 

New  Jersey,  by  the  enactment  of  Chapter  197,  T^aws  of  1907,  provided  for  a 
railroad  commission  of  three  members,  appointed  by  the  governor,  with  the  ap- 
proval of  the  senate;  term  of  office,  six  years.  Commission  to  have  general  super- 
vision over  all  railroads.  Copy  of  act  was  not  received  in  time  to  give  synopsis 
in   this   publication. 

NEW  YORK. 

(References    are    to    Chapter  249,    Laws    of    1907.) 

1.  (22)  Definitions  used  in  the  public  service  commission  law  in  state.    2. 

2.  (1)  Two   public   service    commissions   in    state.     3. 

3.  (1  &  30)  Two  commissions  in  state,  five  members  each,  appointed  by  gov- 
ernor,   confirmed   by    senate.     4. 

4.  (1)  Chairman    of   commission    designated   by    governor.     4. 

5.  (1)  Commissioners   may   be    removed   by   governor.     4. 

6.  (1)  Term    of   office    of   commissioners   five   years.     4. 

7.  (22)  Jurisdiction  of  commission  extends  to  all  railroads  and  street  railroads 
and  common   carriers   and   gas   and    electric   companies.     5. 

8.  (2)  Each   commission  to   appoint  an   attorney  as  counsel.     6. 

9.  (2)  Each  commission  to  appoint  a  secretary.     7. 

10.  (2)  Secretary  of  commission  to  have  authority  to  administer  oaths  and 
appoint  temporary  secretary.     7. 

11.  (2)  Commission  to  have  authority  to  employ  additional  clerks,  inspectors 
and  experts.     8. 


SYNOPSES  OF  COMMISSION  LAWS.  ;|^4,5 

12.  (la)  Qualifications    of    commissioners   and    oath    of    office.     9. 

13.  (2)  Offices    of    commission    and    meeting   places.      10. 

14.  Investigations,    inciuiries   and   hearings   may   be   held   by    any    commissioner. 
11. 

15.  Duties    of    counsel    to    commission.     12. 

16.  (Id)  Salary  of  commissioners  $15,000.     13. 

17.  Salary  of   counsel  to   commission  $10,000.     13. 

18.  (2)  Salary   of   secretary    to   commission   $6,000.     13. 

19.  (2)  Salaries  of  additional  clerks  and  employes  to  be  fixed  by  commission.    13. 

20.  (2)  Expenses    of    commissioners    and    employes    to    be    paid    by    state.      13. 

21.  Commissioners    and    secretary    of    commissions    prohibited    from    requesting 
favors  from  corporations.     15. 

22.  (lob)  Commissions    shall    make    annual    report   to    legislature.     16. 

23.  (3)  Certified    copies   of   papers    filed    to   be   evidence.     17. 

24.  (20)  Fees    to    be    charged    for    papers    and    documents    furnished    by    com- 
mission.     18. 

25.  (20)  Fees    collected    by    commissions    to    be    paid    the    state.      18. 

26.  (14)  Witness   fees   and   mileage.     19. 

27.  (6b)  Courts    may    be    called    on    by    commission    to    compel    attendance    of 
witnesses.     19. 

28.  (6a)  Commission    may    make    rules   of    practice    governing   hearings.     20. 

29.  (14)  Immunity   of  witnesses.     20. 

30.  (9)  Commission   cases   in   court   to   have   precedence.     21. 

31.  (3b)  Commissions  to  have  authority  to  grant  re-hearings.     22. 

32.  (3b)  Service    and    effect    of    orders    by    commission.      23 

33.  (3)  Commission   orders   to    take  effect  when   designated   by   commission.     23. 

34.  (3)  Common    carriers    required   to   furnish   safe    and   adequate   service.     26. 

35.  (3)  Unjust    or    unreasonable    charges    by    common    carriers    prohibited.      26. 

36.  (3)  Powers    of    comrrfissions    regarding    switch    and    side    track    connections. 
27. 

37.  (10)  Common     carriers    must     print     and     file    with     commission     all     tariff 
schedules   and  keep    same   open   to   public   inspection.     28. 

38.  (13)  Commissions  to  have  authority  to  prescribe  forms  for  schedules.    2S. 

39.  Common   carriers   to  make   changes  in   schedule   only   on    thirty   days'    no- 
tice to  commission.    29. 

40.  Commission    may   permit    emergency    changes   in   tariff   schedules.      29. 

41.  Common      carriers     must      file     with      commission      concurrence      in     .loint 
schedules.     30. 

42.  All    contracts    and    agreements    must   be   filed    with    commission.     30. 

43.  (15)  Unjust   discrimination   in    rates,    charges   and    schedules   prohibited.     31. 

44.  (15a)  Unreasonable    preference    or    advantage    by    common    carriers    prohib- 
ited.    32. 

45.  Transportation    by    common    carriers    prohibited    imtil    schedules    are    filed 
and  published.     33. 

46.  (15)  Common    carriers    prohibited    fi-om    charging    more    or    less    than    pub- 
lished  schedule  rates.     33. 

47.  (15)  Refunds   and   rebates    by   common    carriers   prohibited.     33. 

48.  (15e)  Free    and    reduced    transportation    allowed    in    certain    cases.     33. 

49.  (16)  False  billing,   etc.,   by   carrier  or  shipper  prohibited.     34. 

50.  (15)  Discrimination    by    common    carriers    prohibited.      .35. 

51.  (3)  Common   carriers   must  interchange  traffic.     35. 

52.  (15c)  Long  and   short   haul   provision.     36. 

53.  Distribution  of  cars  by   common  carriers  must  be  fair  and   reasonable.     37. 

54.  Common   carriers   liable   for  damage   to   property   in   transit,    notwithstand- 
ing contract  or  stipulation  to  contrary'.     38. 

55.  (15b)  Carriage    of    freight    and    property    within    state    must    be    continuous. 
39. 

56.  Common    carriers    liable    for   loss   or   damage   rnused    by   violation    of    order 
of  commission.     40. 

—10 


146  SYNOPSES  OF  COMMISSION  LAWiS. 

57.  (3)  General  powers  and  duties  of  commissions  in  respect  to  common  car- 
riers,  railroads  and  street  railroads.     45. 

oS.  (11)  Each  commission  and  each  commissioner  to  have  power  to  examine 
all   books,    contracts,    records   and   documents   of   common   carriers.     45. 

59.  Each  commission  may  conduct  hearing  and  take  testimony  as  to  the  ad- 
visability  of  any  proposed  law  relating:  to  common  carriers.     45. 

60.  (13)  Commissions  shall  prescribe  forms  of  annual  reports  to  be  made  by 
common   carriers    to   commission.     47. 

61.  (2&)  Accidents  involving  loss  of  life  or  injiuics  ti>  i)ersons  oi-  i)roperLy  to 
be  investigated  by  commission.     47. 

62.  (37)  Common  carriers  must  report  accidents  immediately  to  comiinssion. 
47. 

63.  (3)  C'onimission  to  have  authorit.\'  to  conduct  hearings  upon  its  own  mo- 
tion.    48. 

64.  (6)  Complaints  may  be  made  to  proper  commission  l)y  any  person  or  cor- 
poration  aggrieved.     48. 

65.  (3)  Commission  to  ha\'e  authority  to  fix  rates  and  service  on  common 
carriers.     49. 

66.  (.35)  Commission  to  have  authority  to  order  repairs  or  changes  in  railroad 
tracks   and    equipment.     50. 

67.  Commission   to  have   authority   to  order  changes   in  time  schedules.     51. 

68.  Commission   may    order   running   of    additional    cars   and    trains.     51 

69.  (13)  Commiission  may  order  a  uniform  system  of  accounts  by  common 
carriers.     52. 

70.  (11)  Commission  to  have  access  at  all  times  to  all  accounts,  records  ana 
dC'Cuments  kept  by  common  carriers.     52. 

71.  Permit  must  be  obtained  from  commission  to  begin  construction  of  rail- 
r-ad   or  street   railroad.     53. 

72.  One  railroad  corporation  prohibited  from  holding  stock  in  any  other  rail- 
road  corporation,    unless   authorized    by   commission.     54. 

73.  Issues  of  stocks,  bonds,  and  other  forms  of  indebtedness  by  common  car- 
riers invalid   unless   approved  by   commission.     55. 

74.  (5)  Penalty  for  refusal  of  common  carriers  to  obey  orders  made  by  com- 
mission,    re. 

75.  (5)  Officers  and  agents  of  common  carriers  must  obey  orders  and  regulations 
made  by  commission.     56. 

76.  Commission  may  order  summary  proceedings  in  supreme  court  against  com- 
mon  carriers  refusing  to  obey  orders,   law   or  of  commission.     57. 

77.  Court  proceedings  petitioned  for  by  commission  must  be  begun  within 
twenty  days.     57. 

78.  (9)  Actions  to  recover  penalties  or  forfeiture  under  Public  Service  Com- 
missions Law  may  be  brought  in  any  court  of  competent  jurisdiction  in  state.     59. 

79.  (13c)  Commission  may  investigate  interstate  traffic  and  make  complaints 
Lo  interstate  commerce   commission.     60. 

80.  (24)  Appropriation    of    .$300,000    for    two    commissions.      88. 

NORTH  CAROLINA. 

(References   are    to   Revised    Statutes    of   1905,    unless    otherwise    indicated.) 

1.  Agent  or  employe  of  steam  or  electric  railway  intoxicatd  while  on  duty, 
guilty  of  misdemeanor.     I,aws  '07,  ch.  330. 

2.  Commission  may  require  railroads  running  within  mile  of  town  of  2,000 
or  more  inhabitants  to  enter  such  town  and  to  build  and  maintain  union  depots. 
Laws   '07.   ch.   465. 

3.  (12S)  Unlawful  for  train  dispatcher  or  operator  to  work  more  than  S  hours, 
or  train  employes  16  hours  in  24,  without  consent  of  commission.  Laws  '07,  ch. 
456. 

4.  Cars  must  be  cleaned  once  a  day,  and  cars  and  toilet  rooms  must  be  kept 
decent.      Laws   '07,    ch.    474. 

5.  (116)  Maximum  passenger  rate,   2  1-4  cents  per  mile.     Laws  '07,   ch.   216,  1. 


SYNOPSES  OF  COMMISSION  LAWS.  i^-^ 

(J.  ilileage  books  to  be  sold,  good  on  all  roads  in  the  state.  J.avvs  'uT,  ch. 
iJtl.     3. 

7.  Any  person  acceptin^j  free  transportation  guilty  of  misdemeanor.  Laws  '07, 
ch.  216.     5. 

8.  Joint  rate  shall  not  exceed  75  per  cent  of  the  combined  local  rates.  I^aws 
'07,   ch.     217.     1. 

9.  (15)  Company  liable  to  line  and  officers  and  agents  guilty  of  misdemeanor 
for   giving   rebates   or  discriminating.     Laws    "07,    ch.    217.     2. 

10.  Shipper  or  consignee,  accepting  any  rebate  or  favor  guilty  of  misde- 
meanor.    Laws   '07,   ch.   217.     2. 

11.  (39)  Cars  must  be  furnished  within  four  days  after  application  therefor 
under  penaalty   of  $5  per  day  for  car.     Laws  '07,  ch.   217,   3. 

12.  On  application  for  cars  company  demand  a  deposit  of  $5  for  each  car  ap- 
plied for.     Laws  '07,  ch.  217,   3. 

13.  (45)  Cars  must  be  loaded  within  48  hours  after  delivery  to  shipper.  Laws 
'07,  ch.  217,  3. 

14.  Commission  to  prepare  and  publish  rates  to  be  charged  by  railroads  in 
the  state.     Laws  "07,   ch.  217.  5. 

15.  "Corporation  commission,"  a  court  of  record  with  all  "power  and  juris- 
diction of  a  court  of  general  jurisdiction  as  to  all  subjects  embraced  in  this 
chapter."     1054. 

16.  (1)  Three    commissioners;    elected;    term    6   years.     1056. 

17.  (1)  Vacancies   to  be   filled   by    governor.     1057. 

18.  (la)  Commissioners  shall  not  be  pecuniarily  interested  in  any  common 
carrier,    bank    or   building   and    loan   association,    during   his    term    of    office.     1058. 

19.  (2)  Commission  to  appoint  a  clerk;  term  of  2  years,  who  shall  be  expert 
accountant   in   railroad    matters.     1063. 

20.  (11)  Commission  to  investigate  books  and  papers  of  all  common  carriers, 
including  telephone   and    telegraph   and   all   banks   and    loan   associations.     1064. 

21.  (28)  Commission  to  investigate  cause  of  accidents  on  railroads  and  steam- 
boats.    1065. 

22.  (21)  Commission  to  have  general  supervision  and  control  over  and  shall 
enforce  all  laws  relating  to  railroads,  street  railways,  steamboats,  canal,  express 
and  sleeping  car  companies,  telegraph  and  telephone  and  all  other  common  car- 
riers, and  against  all  banks  and  loan  and  trust  companies,  or  building  and  loan 
associations.     1066. 

23.  Commission  to  have  all  powers  of  court,  connjel  attendance  of  wit- 
nesses   or    books    and    papers    and    punish    for    contempt.      1067. 

24.  (2)  Commission    may    establish    rules   of    procedure.      1068. 

25.  Commission  on  stipulation  to  act  a.?  arbitrator  in  controvers.\-  with  cor- 
poration.    1073. 

26.  (3)  Appeals  may  be   had   from  commission  to  superior  c^ourt.     1074. 

27.  (9)  Appeals   from    commission    to    have    precedence    over   civil    actions.     1075. 

28.  (3)  All  rates  fixed  or  decisions  or  determinations  made  by  commission 
shall  be  prima   facie,  just  and  reasonable.     1075. 

29.  (3)  Appeals  may  be  had   from   superior   court   to  supreme   court.     1077. 

30.  (6c)  In  appeals  of  commission  fixing-  rates,  rates  to  be  enforced  and  bond 
given  by  appellant.     1078. 

31.  (7)  On  appeals  from  commissioners,  rates  fixed  by  commission  and  ap- 
proved by  court   to  be  the  established   rates.     1079. 

32.  (9)  Orders  of  commission  not  appealed  from  may  be  enforced  b.v  proceed- 
ings in  mandamus  by   commission   in  superior  court.     1081. 

33.  (3)  Commission  or  corporation  may  appeal  to  supreme  court  from  decree 
of  superior  court.     1081. 

34.  (6c)  Order  of  commission  fixing  rates  not  to  Ive  stayed  in  .ippoals  unless 
bond  is  filed.    1082. 

35.  Railroad  guilt.v  of  violating  rules  and  rcgulati<uis  fixed  b>-  commission, 
must  reimburse  persons  injured  thereby  within  30  days,  under  a  penalty  of  |500. 
1086. 

36.  (38)  Railroad  violating  provisions  of  this  chapter  or  rule  or  order  of  com- 
mission liable   to  fine  of  $500.     1087. 


148  SYNOPSES  OF  COMMISSION  LAWS. 

37.  (3)  Railroads  to  afford  facilities  for  exchange  of  freight  and  passengers 
at  junction   points   without   discrimination.     1088. 

38.  (13a)  Officer,  agent  or  employe  of  common  carrier  failing  to  make  report 
liable  to  fine  of  $500.     1089. 

39.  A  delay  of  ten  days  or  more  by  officer,  agent  or  employe  shall  be  deemed 
willful.     1089. 

40.  (38)  Penalties  not  otherwise  provided  for,  $100  for  each  offense.     1090. 

41.  (17)  Carrier  violating  provisions  of  this  act  or  order  of  commission  liable 
in  damages  to  party  injured,  and  where  violation  is  wilful  carrier  liable  to  ex- 
emplary damages.     1091. 

42.  (19)  Penalties  under  this  act  to  be  recovered  in  a  suit  in  the  name  of  the 
state  on  relation  of  commission.     1092. 

43.  (23)  Remedies    under   this    chapter   to   be    cumulative.     1093. 

44.  Commission  to  make  rules  for  handling  of  freight  and  baggage  at  sta- 
tions.    1094. 

45.  Commission  to  make  rules  to  prevent  discrimination  or  giving  of  rebate 
or    favors.     1095. 

46.  Commission    to   establish   telephone   and   telegraph   rates.     1096. 

47.  (3)  Commission  to  require  the  building  of  depots  or  the  enlarging  or 
changing  or  repairing  of   same,   including   union    depots.     1097. 

48.  Commission  may  require  roads  entering  same  town  to  build,  maintain  and 
xise   union   depots.     1097. 

49.  Commission    may    require    separate    waiting    rooms    for    i-aces.     1097. 

50.  Commission   may   require  the   building  of  side   tracks   to   industry.     1097. 

51.  Depot  or  station  established,  not  to  be  abandoned  except  by  consent  of 
commission.     1098. 

52.  (3)  Commission  to  make  rates  for  freight,  passengers  and  express,  includ- 
ing joint  rates  from  railroads,  street  car  companies,  steamboats,  canals  or  ex- 
press  companies.     1099. 

53.  Special  rates  may  be  made  with  consent  of  commission  for  developing 
manufacturing,    mining,    building    and    terminal    improvements.     1099. 

54.  (15e)  Excursion   rates   may   be   given,    for  freight   and    passengers.     1099. 

55.  (3)  Commission  make  rules  and  rates  for  demurrage,  recJDrocal  demur- 
rage and   storage  charges.     1100. 

56.  Commission   may   fix   the   speed   of   trains   through   towns.     1101. 

57.  Commission  in  fixing  rates  shall  consider  the  value  of  road  anad  equip- 
ment, cost  of  construction,  amount  expended  for  improvements,  and  probable 
earning  capacity  of  such  road.    1104. 

58.  (15e)  Free   or   special   rates.     1105. 

59.  Commissioners  and  their  clerks  to  have  free  transportation  while  on  offi- 
cial duty.     1105. 

60.  (3)  Commission  may  change  or  revise  rates  of  freight,  passenger,  express, 
telephone,    telegraph   company   from   time   to   time.     1106. 

61.  (15c)  Carrier  to  charge  no  more  for  short  haul  than  for  long  haul,  except 
in   special   cases  by   permission    of   commission.     1107. 

62.  All  contracts  or  traffic  agreements  between  carriers  shall  be  submitted 
to  the  commission,  and  may  be  changed,  abrogated  or  annulled  by  commission. 
1108. 

63.  (13c)  Complaints  affecting  interstate  shipments  to  be  investigated  by  com- 
mission   and   may    be    reported    to    interstate   commerce    commission.     1110. 

64.  Attorney  general  to  represent  commission  before  Interstate  commerce 
commission.     1110. 

65.(3)  Rates  fixed  by  commission  prima  facie,  just  and  reasonable.     1112. 

66.  (13b)Commission    to   make    annual    report    to    governor.     1117. 

67.  (24)  Commission  to  have  necessary  office  expenses  not  to  exceed  $2,600  per 
year.     1118. 

68.  "The  members  of  the  Corporation  Commission  shall  constitute  a  board  of 
State  Tax  Commissioners'  "  with   the  powers  and   duties  prescribed   by  law.     1119. 

69.  Trains  to  be  run  at  regular  times  to  be  fixed  by  public   notice.    .2611. 

70.  Passenger  cars  must  be   placed   at   back   end    of   train.     2612. 

71.  'Separate   coaches   provided   for  races.     2621. 


SYNOPSES  OF  COMMISSION  LAWS.  i^g 


NORTH  DAKOTA. 

(References  are  to  civil  code  unless   otherwise   indicated.) 

1.  As  to   employes   on   railroad,    fellow   servant  doctrine  abolished.   Ch.   131,    'O'.i. 

2.  Contract    limiting   liability    of    railroad    for   injuries    to    servant   void. 

3.  (15c)  Railroads  shall  not  charge  more  for  short  than  for  long  haul.  Ch. 
194,    '03. 

4.  (3)  Railroads  shall  establish  joint  rates  and  provide  adequate  facilities 
for   transfer   of   freight   and   passengers    a-t   connecting   points.    Ch.    194,    '03. 

5.  Live  stock  to  be  transported  at  an  average  rate  of  not  less  than  20  miles 
per    hour.    Ch.    144,     '03. 

6.  Railroad  must  permit  grain  to  be  loaded  at  side  track  or  warehouse  with- 
out   discrimination.    Ch.    145,    '03. 

7.  Maximum   rates   for  hauling   of   coal.    Ch.    146,    '03. 

S.  Railroad  must  build  station  house  and  keep,  agent  at  points  where  freight 
receipts  amount  to  $15,000  or  more  annually.     Ch.  147,  '03. 

9.  Trains    must    stop    before    crossing    another    road    at    grade.    Ch.    148,    '03. 

10.  Trains   must    stop    before    crossing    draw    bridge.    Ch.    148,    '03. 

11.  When  flagman  is  kept  at  crossing  or  block  and  safety  device  approved 
by   commission   is   used,   trains   need   not   stop    for   crossing.    Ch.    14S,    '03. 

12.  Commission  failing  to  approve  of  signal,  device  proposed,  roads  may  ap- 
peal   to    courts.     Ch.    148.    '03. 

13.  Passenger    trains    to    stop    at    county    seats.    Ch.    130,    '01. 

14.  (3)  Railroads  to  maintain  connection  where  respective  roads  connect, 
cross    or    intersect.    Ch.    195,    '01. 

15.  Trains  must  stop  at  approach  of  drawbridge,  or  crossing  of  another  road 
at   grade.    2977. 

16.  Railroads  must  maintain  depot  and  agent  where  freight  receipts  amount 
to    $40,000    annually.    2985. 

17.  Railroads   shall    maintain   good   and  sufttcient   crossings   at   highways.     3000. 
IS.     (1)   Three  Railroad   Commissioners   to   be  elected,    sec.   82. 

19.  (2)  Commission  shall  be  known  as  "Board  of  Railroad  Commissioners 
of  the   State  of  North  Dakota."    3003. 

20.  (la)  Commissioner  not  to  be  pecuniarily  interested  in  any  railroad  or 
transportation    company,    or    any    public    warehouse    or    elevator.    3004. 

21.  (Ic)    Commissionei-    to    give    $10,000    bond.    3005. 

22.  (Id)    Salary   of  commissioner   to  be   $1,200.    3006. 

23.  (2)   Office  of  commission  to  be  at  State  capitol.    3006. 

24.  (2)    Commission    to    appoint    secretary,    salary    $1,000.    3006. 

25.  (2)  Commissioners,  secretary  and  employes  to  have  free  transportation 
while    on    duty.    3007. 

26.  (3)  Commission  to  have  general  supervision  over  railroads  or  bridge  and 
ferry  corporations  used  by  railroads,  and  shall  enforce  all  laws  relating  to  com- 
mon    carriers.    3008. 

27.  Attorney  General  and  State's  Attorney  in  each  county,  to  be  attorneys 
for    board.    .3009. 

28.  (22)  Provisions  of  this  chapter  to  apply  to  transportation  of  passengers 
or  property,  and  to  receiving,  delivering  and  storing  and  handling  of  the  same. 
3011. 

29.  (20)    "Railroad  "    and    "Railroad   corporation"    defined.    3012. 

30.  (23)    Rights  under   this  act  to   be   cumulative.    3013. 

31.  Railroads  to  furnish  cars  within  reasonable  time  without  discrimination. 
3014. 

32.  (3)    All   rates  and   charges  by    raili-oad   shall   be   reasonable.    3015. 

33.  (17)  Railroad  guilty  of  extortion  or  unju.'-t  discrimination  liable  for  treble 
damages    to    person    injured.    3016. 

.34.  (6)  On  petition  of  officers  of  municipality  complaining  of  any  unjust  rates, 
discrimination,  or  inadequate  facilities,  commission  to  order  railroad  to  comply 
with   petition    or    show    cause    wh>-    not.     3017. 


150  SYNOPSES  OF  COMMISSION  LAWS. 

35.  (3)  Railroads  to  furnish  ample  facilities  at  connecting  points  for  receiv- 
ing and  delivering  passengers  and  property  from  and  to  connecting  roads,  with- 
out    discrimination.    301S. 

36.  Railroads  shall  permit  private  tracks  from  warehouse,  elevators  or  fac- 
tory,   regardless    of    size,    to    connect    with    side    tracks.    3019. 

<J7.  When  stations  are  more  than  12  miles  apart,  commission  may  require 
railroads    to   build   side   tracks    between    such    stations.    3019. 

38.  Contracts  or  agreements  to  retard  the  movement  of  freight  unlawful. 
3020. 

39.  (15)  Roads  shall  not  give  preference  or  advantage  or  disadvantage  to 
any   kind    of  traffic,    to    any   person,    firm,    corporation    or    locality.    3021. 

40.  (15b)  Railroad  giving  special  rate,  rebate  drawback  or  other  favor,  guilty 
of    unjust    discrimination.    3022. 

41.  (15c)    Shall    not   charge   more   for   short   haul,    than   long   haul.    3023 

42.  Contracts    for    the    pooling   of    freight    between    carriers    prohibited.    3024. 

43.  When  demand  for  cars  exceed  supply,  one  car  to  be  furnished  each  ship- 
per,   rest   to   b*   rately   divided   among   other  shippers.    3025. 

44.  But  one  switching  charge  to  be  made  at  transfer  point.     C026. 

45.  (10)  Railroads  must  print  and  keep  posted  for  public  inspection  schedules 
of    rates    and    fares.    3027. 

46.  Railroad  shall  not  advance  rate  without  notice  to  commission,  but  re- 
ductions   may   be   made    without    notice.    3028. 

47.  (3)    Railroad   to    charge   orlly   schedule    rates.    3029. 

48.  (10)    Railroads    to    file    schedules    of    rates    with    commission.    3030. 

49.  All  contracts  and  agreements  with  other  roads  to  be  filed  with  Com- 
mission.   3030. 

50.  (3)    Railroads    shall    establish    joint    rates.    3030. 

51.  (3)  Commission  shall  establish  schedule  rates  and  make  classifications 
of   freight    for   all    roads    in    the    state.    3031 

52.  (3)  All  rates  and  regulations  of  commission  to  be  taken  as  prima  facie, 
just    and    reasonable.    3031. 

53.  (3)  Commission  may  change  rates  fixed  by  it,  but  on  its  own  motion, 
not   oftener   than    once   in   six    months.    3031. 

54.  Commission  shall  give  notice  by  publication  of  time  when  schedules  made 
by   it    are    to    take    effect.    3031. 

55.  (3)   Commission   to   give   hearing   on    the    fixing    of   rates.    3031. 

56.  (6)  Commission  may  give  hearing  and  change  any  rate  on  complaint  of 
any    person,    corporation,    club,    society,    or    municipality.    3032. 

57.  Commission  shall  seek  all  information  possible  to  establish  rate,  and 
shall    admit    evidence    without    formal    or    technical    rules.    3033. 

58.  Railroads    shall    permit    connection    with    private    spur    tracks.    3069. 

59.  Road   required   to   build   side   tracks   to   coal   mines.    3070. 

60.  (42)  Consignee  to  remove  freight  from  car  within  24  hours  without  demur- 
rage   charge.    3071. 

61.  Commissioners  may  require  platforms  to  be  built  for  the  loading  of 
Stock,    grain   or   any   other   commodities.    3071d. 

62.  (3)    Roads   must   make   physical    connection   at    intersecting   points.    30711. 

63.  Maximum    rates    on    coal.    30711. 

64.  As  to  persons  employed  in  operating  trains,  fellow  servant  doctrine  abol- 
ished.   3072. 

65.  Decision  of  commission  to  be  in  writing,  and  shall  be  spread  upon  min- 
utes.   3034. 

66.  (3)  In  all  courts  of  state,  decrees  of  commission  to  be  prima  facie,  just 
and    reasonable.    ..^..4. 

67.  (9)  District  courts  to  have  jurisdiction  to  enforce  decrees  of  commis- 
sion.   3035. 

68.  (9)  Decrees  of  commission  to  be  enforced  by  proceedings  in  the  name  of 
the    state    by    the    attorney    general.    3035. 

69.  (9)  Court  affirming  order  of  commission  to  decree  a  mandatory  and  per- 
petual   injunction    compelling    obedience.    3035. 


SYNOPSES  OF  COMMISSION  LAWS.  15^ 

70.  (17)  Common  carrier  violating  provisions  of  this  article  liable  in  treble 
damages    to    person    injured.    3037. 

71.  Person  damaged  by  violation  of  this  act  may  complain  to  commission 
who  may  bring  suit,  or  such  person  may  bring  suit  in  his  own  name;  both  rem- 
edies   not    to    be    pursued.    3038. 

72.  (14)  Witness  not  exempt  because  testimony  incriminating  but  such  evi- 
dence  not   to   be   used    in   any    criminal    proceedings    against    him.    3038. 

73.  (9)    Court    may    modify    any    order   of    commission    appealed    from.     3039. 

74.  (3)  Railroad  or  party  interested  or  commission  may  appeal  from  district 
court    to    supreme    court.    3039. 

75.  (38)  Any  offlcer,  agent,  receiver,  trustee  or  employe  violating  the  provis- 
ions   of    this    chapter,    guilty    of    misdemeanor.    3040. 

76.  (6)  Commission  may  require  attendance  and  testimony  of  witnesses,  and 
the   production   of   books,    papers,    tariffs,    etc.    3041. 

77.  (6b)  Any  court  in  the  state  may  order  witness  to  appear  and  testify  be- 
fore commission,  or  to  produce  papers  or  books;  witness  refusing,  guilty  of  con- 
tempt.   3042. 

78.  (6)  Any  person,  firm,  corporation,  any  club,  society  or  municipality  may 
file  complaint  with  commission,  which  complaint  shall  not  be  dismissed,  because 
of  absence  of  direct   damage   to  complainant.     3043. 

79.  (3)  All  investigations,  commission  to  make  findings  of  fact,  such  findings 
in  all  judicial  proceedings  to  be  prima  facie  evidence  as  to  each  and  every  fact 
found.    3044. 

80.  Commission  to  apply  in  summary  way  to  district  court,  to  compel  obed- 
ience   to    orders.    3046. 

81.  Court  to  give  such  hearing  as  it  deems  necessary  on  petition  of  commis- 
sion to  enforce  its  orders.    3047. 

82.  (3)Appeals    maj'    be    had    to    the    supreme    court.    3048. 

83.  (21)    Attorney    General    to    prosecute    proceedings    for    commission.    3049. 

84.  (2)  Commission  to  make  proper  rules  for  conduct  of  proceedings  before 
it.    3050. 

85.  (13b)    Commission    to    make    annual    report    to    governor.    305]. 

86.  (11)  Commission  may  examine  any  of  the  books,  papers  or  documents  of 
common   carrier   or   any   officer,    agent   or  employe   thereof.    3052. 

87.  Railroads   may    be    required    to    make    special    reports    to    commission.    3053. 

88.  When  ordered  by  the  governor,  commission  to  mitke  special  investigation 
of    any    road.    3054. 

89.  Railroad,  bridge  corporation  or  ferry  company  to  make  semi-annual  re- 
ports,   as    to    safety    of    bridges    and    ferries.    3055. 

90.  (3)  Commission  may  order  any  change  in  rate,  road  bed,  equipment, 
station   houses,    or  the  mode   of   operating  its   trains   and   business.  .  3055. 

91.(15)    Extortion    defined.    3056. 

92.  (15)  "Unjust  discrimination"   defined.     3057. 

93.  Special  rates  not  to  be  given  or  discriminaticm  given  because  of  quan- 
tity.   3058. 

94.  (17)  Penalty  for  extortion  or  unjust  discrimination  $1000  to  $5000.  first 
offense   to   be   recovered    in   a   criminal    proceeding.    30.">9. 

95.  J'enalty    for   road    guilty    of    extortion    or    unjust    (iiscrimination.    3060. 

96.  Permission  to  institute  botli  civil  and  crimincii  prosecutions  to  collect 
forfeiture    and    fine.    3061. 

97.  (loe)    Special    rates    or    free    transportation.    3062. 

98.  Carrier   shall    not    limit    its    common    law    liability.    3063. 

99.  (13)    Common    carrier    to    file    annual    reports    with    commission.    30C.'). 

100.  Railroad  to  i)ermit  loading  of  grain  from  warehouses  or  side  track  with- 
out   discrimination.    :!0(;s. 


152  SYNOPSES  OF  COMMISSION  LAWS. 


OHIO. 

(References   are  to   Railroad   Commission   Act  of  1906.) 

1.  (1)  Number  of  commissioners  three,  appointive,  term  of  office  6  years,  va- 
cancies  filled   by   appointment.     1. 

2.  (la)  Qualifications,  knowledge  of  railroad  law  and  transportation,  not  more 
than  tw-Q  of  same  political  party,     la. 

3.  (1)  Removals,  by  governor  for  inefficiency,  neglect,   or  malfeasance,     lb. 

4.  (la)  Qualifications,    not  to  be  pecuniarily  interested  in  any   railroad.     Ic. 

5.  (la)  Shall  hold  no   other  office,  but  shall  devote  entire  time  to  duties.     Id. 

6.  (Ic.)  Oath,  in  addition  to  constitutional  oath,  shall  swear  not  interested  in 
any    railroad,    nor    holds   any    political   position,     le. 

7.  (Id)  Salary,  annual  $5,000.     Ij. 

8.  (2)  Shall   meet   at   capitol   and   organize.     Ig. 

•  9.  (2)  May  appoint  secretary;  salary  not  more  than  $2,500  per  annum;  may 
appoint  not  more  than  three  clerks;  clerk's  salary  not  to  exceed  $1,000;  stenog- 
rapher's salary  not  to  exceed  $1,200;  may  appoint  inspectors  of  freiglit.  In- 
spectors to  determine  if  classification  and  ratings  are  in  conformity  with  law; 
commissioners    shall    fix    their   compensation.     Ih. 

10.  (2)  Secretary  shall  take  oath;  shall  keep  full  and  correct  minutes  and 
perform    other   duties.     Eligibility    same    as   commissioners,     li. 

11.  (2)  Name  and  seal.    Ij. 

12.  (2)  Office  at  capitol.  Expenses  paid  as  other  expenses;  may  hold  sessions 
at  other  places;    commissioners  and   employes  to  receive   expenses.     Ik. 

13.  (2)  Shall   have  power  to   make   all    needful   rules.     11. 

14.  May  correspond  with  commissioners  of  other  states,  and  with  interstate 
commerce   commission   on   railroad   matters.     Im. 

15.  (22)  "Railroad"    defined.     Embraces  and  includes   express  companies.     2. 

16.  (3)  Duties  of  railroads;  shall  furnish  reasonably  adequate  facilities, 
changes  shall  be  reasonable  and  just,   unjust   charges  unlawful.     3. 

17.  (10)  Schedule  of  rates.  Shall  file  with  commission;  shall  file  classification 
of  freight  schedules;  shall  contain  the  rules  and  regulations  that  affect  rates. 
Charges  for  delay  in  loading  or  unloading  cars  and  other  charges;  two 
copies  of  schedules  shall  be  kept  on  file  in  depots,  etc.,  for  use  of  public;  con- 
necting lines  with   joint    rates   shall    file  schedule   of   such   rates.     4. 

18.  No  change  in  scliedules  shall  be  made  except  on  10  days'  notice  to  com- 
mission.    4a. 

19.  (15)  Unlawful  for  railroads  to  charge  greater  or  less  compensation  than 
that   specified   in   schedules.     4c. 

20.  (13)  Schedule  shall  as  far  as  practicable  conform  to  the  forms  of  the 
interstate    commerce    commission.     4d. 

21.  (3)  Joint  rates  of  connecting  lines  shall   be   just   and   reasonable.     5. 

22.  Special    contract    rates    not    prohibited,     fi. 

23.  (3)  Classification    of    freight    shall    be    unifrnm.     7. 

24.  (15e)  Free  or  reduced  rates.     8. 

25.(15f)  May  furnish  free  transportation  to  live  stock  attendants  but  no  dis- 
crimination  between  shippers.     ?a. 

26.  (3)  It  shall  be  the  duty  of  every  railroad  to  maintain  aderiuate  depots, 
buildings,   side  tracks,   switches,   etc.     9. 

27.  Shall  furnish  cars  upon  reasonable  notice  to  all  persons  without  discrim- 
ination; in  cases  of  insufficiency  in  numbers  of  cars  they  shall  be  distributed 
among  the  applicants  in  proportion  to  their  refiuiremtns;  preference  given  to 
shipments   of  live  stock  or   perishable  property.     10. 

28.  Commission  has  power  to  enforce  reasonable  regulations  as  to  furnishing 
cars,   etc.     10a. 

29.  (3)  All  roads  shall  afford  proper  facilities  for  the  interchange  of  traffic 
between   their  lines.     11. 

?0.  The  commission  shall  have  control  over  private  tracks  where  the  same  are 
used  by  common   carriers.     11a. 


SYNOPSES  OF  COMMISSION  LAWS.  ;j53 

31.  Upon  complaint  of  unreasonable  charges,  or  inadequate  service  com- 
mission  to   investigate  and   fix  reasonable   rates.     12. 

32.  (6)  Commission  may  order  separate  hearings,  direct  damage  to  complainant 
not   necessary.     12a. 

33.  (3)  Commission  may  withhold  complaint,  investigate  upon  its  own  motion. 
12b. 

34.  A   railroad    may    make    complaint    same    as    individual.      12c. 

35.  (6b)  Each  commissioner  has  power  to  administer  oaths,  compel  attendi- 
ance  of  witnesses,  etc.  Courts  to  compel  obedience  to  orders  of  commissioners. 
13. 

36.  (14)  Witnesses  to  receive  fees  and  mileage  upon  api:)roval  of  commis- 
sioners.    13a. 

37.  (14)  May  cause  depositions  to  be  taken  in  the  manner  prescribed  by  law. 
ISb. 

38.  Commission  shall  keep  full  and  complete  record  of  all  proceedings.  Tes- 
timony to  be  taken  by  stenographer.  A  copy  shall  be  furnished  on  demand  to  any 
party  to  the  investigation  free.  Other  persons  to  pay  reasonable  amount  there- 
for.    13c. 

39.  (3a)  Commission  may  rescind  or  alter  any  of  its  orders  upon  application 
of   interested  person,  and  a  hearing.     14a. 

40.  (3)  All  rates,  etc.,  fixed  by  commission  are  prima  facie  lawful:  all  regula- 
tions fixed  by  commission  are  prima  facie  reasonable.     15. 

41.  (9)  Any  dissatisfied  party  in  interest  may  commence  action  in  court  to  va- 
cate or  set  aside  orders  of  commission;  such  action  have  precedence  over  civil 
actions.     16. 

42.  (7)  No  injunction  shall  issue  staying  order  of  commission,  unless  on  appli- 
cation to  the  court;  and  notice  to  the  commission  ha\'ing  been  given  and  hear- 
ing had.     16a. 

43.  If  evidence  introduced  by  plaintiff  is  found  to  be  different  than  that  in- 
troduced before  commission,  proceedings  to  be  stayed;  commission  notified,  who 
may   alter  or  rescind   order.     16b. 

44.  If  order  is  rescinded  action  to  be  dismissed,  if  not  .iudgment  shall  be 
rendered   upon    original    order.     16c. 

45.  (3)  Appeal  to  higher  court  may  be  taken  )iy  either  party  a.s  in  civil 
actions.     16d. 

46.  (8)  Burden  of  proof  upon  plaintiff  to  show  order  of  commission  unreason- 
able.    16e. 

47.  (9)  Judicial  proceedings  arising  under  this  act  to  be  same  as  in  civil 
actions.    17. 

48.  (14)  Witness  not  to  be  excused  on  ground  that  evidence  would  incriminate 
but  no  prosecutions  shall   follow   except   for  per.iury   in   so   testifying.     17a. 

49.  (3)  Certified  copies  of  orders  of  commission  shall  l-e  prima  facie  evidence  in 
judicial   proceedings.     17b. 

r,0.  (3)  Commission  to  have  autliority  to  inciuire  into  and  obtain  necessary  in- 
formation as  to  management  of  railroads.     18. 

(Act    of    Apr.    2.    1906.) 
.51.     (3)  Commission   shall    inquire  into   management  and   affairs  of  .railroads.   IS. 

52.  (13)  Commission  shall  prepare  suitable  blanks  for  reports  of  railroads.     ISa. 

53.  (13a)  Information  to  be  given  under  oath  on  blanks  furnished  by  com- 
mission;  perjury   for  giving  false   information.     ISa. 

54.  (11)  Commission  may  examine  books  and  papers  of  railroad  or  any  officer 
or  employe  under  oath   on   any  matter   under   investigation.     18b. 

55.  (6b)  Subpoenas,  duces  tecum  may  be  issued  by  commission  to  an.v  rail- 
road.    18c. 

56.  Copies  of  contracts  with  depot,  terminal  or  other  companies  or  roads  or 
with   shippers  to  be  furnished  commission.     19. 

57.  A  verified  list   of   passes  to   be  filed   annually  or  oftener.     19a. 

58.  (13)  Railroads   to   file   with    commission    complete    annual    report.     20. 

59.  (13c)  Rates  on  interstate  traffic  to  be  investigated  by  commission  and 
commission   may    petition    interstate    commerce   commission.     21. 


154,  SYNOPSES  OF  COMMISSION  LAWS. 

60.  (13c)  Commission    may    ask    interstate    commerce    commission    to    adjust    in- 
terstate rates.     21. 

61.  Roads    shall    tile    interstate    rates    with    commission.      21. 
G2.     (15)   I'njust  discrimination   defined.     22. 

63.  To    shipper    furishing    part    of    facilities    unlawful    to    give    preference.      22a. 

64.  (15a)  No  preference  or  discriminations  in   any  manner  given.     23. 

65.  (15)  Patron   of   road   accepting   rebate,   concessions   or    preferences   guilty    of 
misdemeanor.     24. 

66.  (17)  Railroad    liable    ia    treble    damages    to    person    injured    by    violation    ot 
this    act.     25. 

67.  (38)  Officer,   agent  or  employe  refusing  to  comply    with  or  violating  provis- 
ions of   this   act   guilty    of   misdemeanor.     26. 

68.  Penalty    for    violation    of    act    or    order    commission    when    no    other    pen- 
alty is  fixed  shall  not  exceed  ten  thousand  dollars.     27. 

69.  The  act  or  omission  of   any  officer,   agent  or  employe   sliall   be  deemed   act 
of  road.    27. 

70.  Necessary   powers   not   specifically   mentioned   given    to   commission.     2s. 

71.  (28)  Accidents    resulting    in    loss    of    life    to    be    reported    to    commission    im- 
mediately.    29. 

72.  (28)  Commission    may    investigate    accidents   resulting    in    loss    of   life.     29. 

73.  Attorney    general    and    prosecuting   attorneys    to    assist    commission.     3h. 

74.  Claims  for  losses  or  damage  to  property  or  for  overcharges  not  paid   with- 
in 90  days  may  be  investigated   by   commission.     31. 

75.  A  substantial   compliance  with  act   by  commission   sufficient.     32. 

76.  (23)  Penalties  and  forfeitures  under  this  Act  cumulative.     33. 

77.  (5)  Commission  may  enforce  obedience  to  act  or  orders  by  mandamus.     34. 

78.  Office    of    commissioner    of    railroads    and    telegraphs    abolished.      36. 

79.  (26)  The  voidness   of  any  part   of  Act   not   to  affect  other  parts.     37. 


OKLAHOMA. 

(References    are    to    Article    12,     Constitution     recently     adopted.) 

1.  (22)  Railroad,  oil  tank,  car,  express,  telephone  and  telegraph  companies  are 
common  carriers.     2. 

2.  (15b)  Railroad  car  and  express  companies  must  receive  and  transmit  each 
others    cars   and    freight   without    discrimination.     3. 

3.  Oil   pipe   lines   under  control    of    commission.     4. 

4.  Oil    pipe    lines   to    receive    and    transport    each    others    tonnage.     4. 

5.  Telephone  and  telegraph  lines  receive  and  transmit  each  others  messages, 
and   commission  may  require  physical  connection  between   lines.     5. 

6.  Railroads   are  public  highways.     6. 

7.  (13)  Public  service  corporation  must  report  annually  to  commission,  and 
oftener   if   required.     6. 

8.  Railroad  not  to  transport  commodity  manufactured,  mined  or  produced 
by  it,   except  for  its  own  use.     12. 

9.  (15e)  Free  transportation  may  be  given  to  the  officers,  and  employes  and 
families  of  its  or  other  roads,  persons  engaged  in  religious  or  charitable  work, 
persons  in  railway  mail  service,  linemen  of  telegraph  and  telephone  companies, 
etc.,     13. 

10.  Person  using  free  transportation  except  as  herein  permitted,  guilty  of 
crime.     13. 

11.  Railroad  not  to  run  within  4  miles  of  county  seat  without  passing  through 
the  same,    unless   natural   obstacles  prevent.     14. 

12.  (1)  Corporation  commission  created,  to  consist  of  three  persons;  elected; 
term  6  years.    15. 

13.  (la)  Commissioner  not  to  be  interested  in  any  transportation  comj^any. 
16. 

14.  (la)  Commissioner  not  to  hold  any  other  oflice,  nor  to  engage  in  any  lousi- 
ness inconsistent   witli   duties  of  commissioner.     16. 

15.  (3)  Commission    to    have'  power    and    authority    of    supervising,    regulating 


SYNOPSES  OF  COMMISSION  LAWS.  I55 

and    controlling'  all   transportation    and   transmission    companies   doing   business   in 
the  state.     18. 

16.  (3)  Commission  to  make  rules,  regulations  and  rates  for  all  common  car- 
riers.    18. 

17.  Rates  and  regulations  used  by  carrier  other  than  those  i)rescribed  by  com- 
mission   unlawful.     18. 

18.  (3)  Commission  to  make  rates,  rules  and  regulations  finly  after  notice  and 
hearing.     18. 

19.  (2)  Commission   may   appoint   a   secretary.     ISa. 

20.  Commission  to  have  power  of  court  of  record  to  issue  subpoenas,  ad- 
minister oaths,   and   to   punish   for   contempt.     19. 

21.  Commission  to  have  full  power  of  court,  to  hear  and  determine  any  vio- 
lation of  its  orders,  and  to  assess  fines  and  other  penalties  for  such  violation.     19. 

22.  Commission  may   fix  the  value  of  corporate  property   for  assessment.     19. 

23.  (3)  Appeals  may  be  had   from  orders  of  the   commission.     20. 

24.  (3)  Appeals   from    commission    to    the    supreme    court    only.     20. 

25.  (6c)  No  appeal  to  stay  order  of  commission  unless  a  bond  supersedeas  is 
filed.     21. 

26.  (3)  Supreme  court  must  either  affirm  or  modify  order,  and  in  modifying 
must   establish    proper   regulation    or    rate.     23. 

27.  In  addition  to  fines  and  penalties  imposed  by  comTiiission  person  injured 
to  have   action    in   damages.     24. 

28.  In  personal  action  against  carrier  the  reasonableness  or  validity  of  any 
rate  or  regulation   prescribed  by  the  commission  not   to  be  questioned.     24. 

29.  (13b)  Commission    shall   make   annual   reports   to   governor.  '  25. 

30.  (3)  Railroad  must  maintain  adequate  and  comfortable  buildings  at  sta- 
tions.    26. 

31.  Roads  crossing  at  grade  mu.st  be  protected  by  interloc-king  safety  de- 
vices.    27. 

32.  (11)  Commissioners  or  person  employed  thereby,  have  right  to  inspect 
books  and  papers  of  common  carrier  and  examine  under  oath,  officers,  agents  and 
employes  thereof.     28. 

S3.  (12)  Commission  to  determine  cost  of,  financial  condition  and  value  of 
road.     29. 

34.  (2)  Commission  may  employ  experts  to  assist  in  determining  value  of 
road.     29. 

35.  (1.5c)  Carrier  not  to  charge  more  for  short  than  long  haul,  except  by 
permission    of  commission.     30. 

36.  (13c)  Commission  to  investigate  interstate  rates,  and  may  report  same  to 
interstate  commerce  commission.     33. 

37.  Commission   may  require  railroads  to  conect   with   i)rivate  tracks.     33. 

38.  Fellow  servant  doctrine  as  to  railroads,  street  railroads,  interurban  rail- 
roads  and   lines,    abolished.     36. 

39.  (116)  Passenger   rates   not    to   exceed    two    cents   per   mile.     37. 


OREGON. 

(References  are   to  Railroad   Commission  Act   of  1907.) 

1.  (1)  Three  commissioners;  new  board  to  be  appointed  by  governor,  sec- 
retary of  state  and  state  treasurer:  bi-iiartisan;  successors  to  be  elected;  term 
OT"  office  four  years;  vacancies  to  br  lilled  by  governor,  secretarj'  of  state 
and   state   treasurer.     1. 

2.  (lb)  Governor,  secretary  of  stale  and  state  treasurer  to  have  absolute 
power  of  removal.    2  and  3. 

3.  (la)  Commissioners  and  secretary  prohiliited  from  holding  any  other  office 
or  position,  or  serving  on  any  political  committee.     2. 

4.  (Ic)  Constitutional  oath;   bond   by  commissioners  in  sum  of  $10,000.     2. 

5.  (2)  Secretary  of  commission  salary  $2,000;  expert  stenographer  salary  $1,200; 
such  additional  expert  help  as  necessary  compensation  lixed  by  commission. 
Secretary  to   take  oath  and  have  same  (|nalili<  ations  as  commissioners.     5  and  6. 


156  SYNOPSES  OF  COMMISSION  LAWS. 

6.  (2)  Commission  to  have  office  at  state  capital.  Traveling  expenses  of  com- 
missioners and  employes  to  be  paid  by  state.     8. 

7.  (6a)  All   hearings  to  be  public.     9. 

S.  (21)  Definition  of  term  railroad,  etc.  Commission  to  have  authority  over 
railroad,  express,  union  depot,  terminal  and  express  companies,  common  carriers 
within   the  state  covering  both   rail   and   water  route.     11. 

9.  (3)  Railroad   service   and    charges    must    be    reasonable   and   just.     12. 

10.  (10)  All  tariffs  to  be  plainly  printed  and  filed  with  commission,  and  kept 
on  file  for  public   inspection  in   every   station   where   agent   is    maintained.     13. 

11.  (15)  Discrimination  of  charges  prohibited.    1<;. 

12.  (4)  Joint  rates  must  be  reasonable.     IS. 

13.  (15e)  Free  transportation.     21. 

14.  (32)  Railroads  must  maintain  adequate  depot  buildings,  etc.,  and  equipment 
of  all  kinds.     22. 

15.  Station  houses  at  crossings  maintained  at  joint  expense;  connecting 
tracks;  penalty.     23  and  24. 

16.  (15)  No  discrimination  in  service  except  for  live  stock  and  perishable 
property;    demurrage    and    reciprocal    demurrage    regulations.      26. 

17.  (3)  Regulations    governing   demurrage   and    reciprocal    demurrage.     26. 

18.  (6a)  Definition    and    rule    governing    demurrage,    reciprocal    demurrage.      26. 

19.  (15b)  Interchange  of  traffic.     27. 

20.  (6)  Piling  of  complaints  and  investigation.  Investigation  on  motion  of 
commission.     Power   to    order   changes.     28. 

21.  (3)  Commission    may   make   inquiry   on    its    own   motion.     28. 

22.  (6)  Commission  has  power  to  administer  oaths,  compel  attendance  of  wit- 
nesses and  production  of  book?  and  papers;  proceedings  on  refusal  to  comply 
with  order  or  subpoena;   witness  fees;   deposition;   record   of  testimony  taken.     29. 

23.  (3)  General  grant  of  authority  to  fix  rates,  charges,  transportation,  joint 
rates   and    general    railroad    service.      May   apportion   joint   rates.     30. 

24.  (8)  Orders  and   rates  made  by   commission  are  prima   facie   reasonable.     31. 

25.  (3)  Appeal  to  court  from  order  of  commission  of  rates,  transportation, 
etc. ;   burden   of   proof   on    railroads.     32. 

26.  (3a)  Commission  may  rescind  or  modify  order  to  comply  with  court  de- 
cree.    34. 

27.  (3)  Appeal  to  supreme  court  within  sixty  days  when  case  to  be  given 
precedence.     35. 

28.  (14)  No   incrimination  by  witness   except   for  perjury.     37. 

29.  (20)  Certified   copies   of   orders   under   seal   prima   facie   evidence.     28. 

30.  (13c)  Authority    to    inquire    into    railroad    management    and   records.     £9. 

31.  (13)  Blanks  to  be  furnished  by  commission  and  annual  report  to  be  made 
by    railroads.     40. 

32.  (13f)  Commission    to    have   access   to   railroad   books    and    records.     41. 

33.  (13f)  Books  and  papers  must  be  produced   on   order  of  commission.     42. 

34.  (13)  Commission  may  prescribe  uniform  system  of  accounting.     43. 

35.  (13f)  Railroads   must  furnish   copies   of   all    contracts  to   commission.     44. 

36.  List  of  free  and  reduced  tickets  to  be  furnished  commission   annually.     45. 

37.  (13c)  Annual   report  to   governor  before   December  15th.     46. 

38.  (12)  Commission  to  ascertain  amount  of  money  expended  in  construction 
and  equipment  of  railroads.    46. 

39.  (13c)  Commission    to    investigate    complaints    on    interstate    rates.      47. 

40.  (16)  Discrimination    and    rebate    forbidden.     48. 

41.  (15)  No  unreasonable  preference  or  ad\antage  in  rates.  Unlawful  to  accept 
rebate.    49  and  50. 

42.  (17)  Treble    damages    to   injured    persons;    attorney's   fees.     51. 

43.  (13a)  Penalty  for  refusal  of  officers  or  agents  to  fill  out  blanks  or  furnish 
information.     52. 

44.  (17)  Penalty  for  refusal  by  railroads  to  obey  law  or  for  violations.     53. 

45.  (3)  Power   of  commission   to   regulate   charges   after  hearing.     55. 

46.  (37)  Accidents  to   be  reported;   investigation   by   commission.     .56. 

47.  (21)  Commission  to  enforce  all  railroad  laws  and  report  violations  to  the 
attorney  general.     57. 


SYNOPSES  OF  COMMISSION  LAWS. 


157 


48.  (23)  Penalties   cumulative   and    rights   of   action    not    waived.     60. 

49.  (24)  Appropriation    $35.0(iO.      ti.'i. 

50.  (39)  For  emergency.     64. 

51.  Authority    to    confer    with    other    commissions    and    with    interstate    com- 
merce commission.     10. 

52.  Changes    in    tariff    schedule    only    on    notice    to    commission.     14. 

53.  Joint   rate   schedule;   must   be   posted.     15. 

54.  Commission   may   prescribe   changes  in   form   of   schedules.     17. 

55.  Commodity  and  special  contract  rate  permitted   if  open  to  public.     19. 

56.  Station   houses   at   crossings    maintained    at    joint   expense.     23. 

57.  Commission  to   regulate   railway   crossings.     25. 

58.  Injunction    not   to    issue    against    commission    orders   except    on    application, 
notice  and    hearing.     33. 

59.  Emergency    rates    permitted    on    order    of    commission.     54. 

60.  Commission  authorized  to  investigate  claims  against  railroads.     58. 

61.  Technical  irregularity  not  to  invalidate  action  of  commission.     59. 

62.  Common   law   to  govern   liabilities   of  railroads   where   statute  is   silent.     61. 


PENNSYLVANIA. 

(References   are    to    Railroad    Commission    Act    of    1907.) 

1.  (1  &  30)  Three  commissioners  appointed  by  governor,  conlirmed  by  senate. 
One  commissioner  to  be  a  lawyer.  Term  of  otiice  five  years.  Governor  to  desig- 
nate chairman  and  fill  vacancies.     1. 

2.  (2)  Secretary,  attorney  and  marshal,  appointed  by  commission  subject  to 
approval  by  governor.  Secretary  to  be  chief  executive  officer,  to  have  power  to 
administer  oaths  and  may  designate  clerk  to  act  as  assistant  secretary.  Attorney 
shall  attend  hearings  and  assist  attorney  general.  Marshal  shall  attend  hearings 
and  serve  papers  and  perform  such  other  duties  as  directed  by  commission.  Com- 
mission may  make  temporary  appointment  of  accountant,  civil  engineer  as  in- 
spector, expert  in  electrical  affairs  and  such  additional  clerical  force,  engineers, 
accountants    and    experts   as    necessary    in    conducting    investigations.     2    and    3. 

3.  (Ic)  Constitutional  oath  and  shall  not  perform  any  professional  services  for 
or  against  common  carrier.  Office  at  state  capitol.  To  have  official  seal.  Supplies 
and  furniture  on  requisition:  Majority  may  transact  business,  may  make  or 
amend  rules.  Any  commissioner  authorized  to  hold  investigation  or  examination. 
4  and  5. 

4.  (22)  Definition   of  term    "Common   Carrier."     6. 

5.  (3)  General  powers  of  commission.  Complaint  against  carriers  and  author- 
inty  of  commission  to  institute  inquiries  and  conduct  hearings.  Reasonable 
charges  for  services  rendered  carrier.  Grade  crossing;  form  of  tariffs.  7,  8,  f^ 
and  14. 

6.  (11)  Right  of  commissioners  or  person  designated  by  them  to  examine  rail- 
road books,  records,  offices,  etc.;  to  subpoena  witnesses  and  demand  production 
of  books;  witnesses  exempt  from  punishment  for  testimony  except  as  to  perjury. 
Commission  may  hold  hearings  for  or  against  any  proposed  railroad  legislation. 
10  and  11. 

7.  (13)  May  require   annual   reports   from   railroads.     12. 

8.  (28)  Commission  to  investigate  accidents  involving  loss  of  life  or  injury 
to  persons;  accident  to  bo  reported  by  carrier;  right  of  commission  to  oxamiiic 
witnesses,  books,  etc.    13.^ 

9.  (21)  Attorney   general   to   be   called   on    to   enforce   provisions   of   law.     15. 

10.  (3)  Orders  effective  in  thirty  days.     16. 

11.  (3)  Commission  authorized  to  hold  hearings  regarding  tariffs,  train  service, 
station   houses,    terminal   facilities,   etc.     17. 

12..    (13)  Common    carrier    shall     furnish    commission    all    information    regarding 
rates,  contracts,  lesases.,   etc.     19. 
.   13,    (6)  Witnesses  $2.00  per  day.     20. 

14.  (20.  Fees  for  copies  of  papers  and   records.     20. 

15.  (13b)  Annual    report   to   governor.     21. 


158  SYNOPSES  OF  COMMISSION  LAWS. 

16.  (Id)  Salary  commissioners  $8,000.     23. 

17.  (2)  Salary   of   secretary   $4,000.     2?,. 

18.  Any  commissioner  authorized  to  hold  investigation  or  examination.  May 
hold  hearings  for  or  against  any  proposed  railroad  legislation.  Grade  crossings; 
form  of  carriage.  Commission  to  notify  the  carriers  of  rulings  and  orders;  car- 
rier allowed  thirty  days  in  which  to  comply  with  orders.  Commission  may  in- 
vestigate railroad  stock  and  bond  issues.  No  act  of  commission  to  impair  legal 
liability   of  carrier.     11,  14,  16,  17  and  18. 

RHODE  ISLAND. 

(References   are   to   General    Laws   1S96   unless   otherwise    indicated.) 

1.  Board  of  charities  may  require  carrier  to  keep  list  of  any  class  of  passen- 
gers brought   into   the   state.     Ch.  80,  7. 

2.  Carrier  must  comply  with  rules  of  state  board  of  health  to  prevent  spread 
of  disease.     Ch.  95,   14. 

3.  Live  stock  must  not  be  kept  longer  than  twenty-eight  hours  without  un- 
loading for  rest  and   feed.     Ch.  144,  3. 

4.  (1)  Governor  to  appoint  railway  commissioner,  term  three  years.  Ch.  187, 
1. 

5.  (11)  Commissioner  may  examine  into  railroad  corporations,  and  for  this 
purpose  enter  into  any  cars,  offices,  or  depots  during  business  hours,  and  to  re- 
port to  legislature  compliance  with  requirements  of  this  act  having  interest  to 
the  public.     Ch.  187,  2 

6.  (28)  Notice  of  all  accidents  resulting  in  loss  of  life  or  injury  to  persons  shall 
be   reported  to   commissioner,    and   shall  b^e   investigated   by   him.     Ch.    187,   3. 

7.  (6bi  Commissioner  may  issue  subpoenas  to  witnesses,  and  for  books  and 
papers;  may  administer  oaths.     Ch.   187,  3. 

8.  Persons  injured  or  friends  of  persons  killed  in  accident  may  receive  from 
commissioner  without   cost  information   obtained   about  such   accident.     Ch.    187,   4. 

9.  (13)  Railroad  shall  make  reports  on  forms  furnished  by  commissioner. 
Ch.   187,  5. 

10.  (13b)  Commissioner  shall    make   annual   report   to   legislature.     Ch.    187,   6. 

11.  (3)  Railroads  must  furnish  reasonable  and  proper  facilities  to  accommo- 
date public.     Ch.  187,   8. 

12.  Full   fare  passenger  allowed   eighty   poutids  of  baggage  free.     Ch.   187,   9. 

13.  Locomotive  must  have  bell  thereon,  and  rung  at  railroad  crossings.  Ch. 
187,    11. 

14.  Sign    board    at    all    highway   crossings.     Ch.    187,   12. 

15.  Train  must  be  stopped  before  crossing  another  track  or  draw  bridge. 
Ch.   187.   14. 

16.  Grade  crossing  with  other  roads  must  be  operated  according  to  rules  es- 
tablished by   commission.     Ch.   187,   16. 

17.  Street  railways  subject  to  rules  made  by  municipality  approved  by  com- 
missioner.    Ch.   187,  17. 

18.  Railroads  using  streets  must  keep  portion  of  streets  used  by  them  in 
good  repair.     Ch.   187,   18. 

19.  Passenger  cars  must  not  be  olaced  in  train  between  locomotive  and 
fi  eight  cars.     Ch.  187,  20. 

20.  Passenger   cars    must    have    power   brakes    operated    by    engiiieer.      Ch.    187, 

21.  Passenger  cars  must  have  power  brakes  operated  by  engineer.  Ch.  187, 
22 

21.  Bridge  f)ver  railroad  tracks  must  be  at  least  eighteen  feet  above  rail.  Ch. 
187.   24. 

22.  Passenger  cars  must  have  at  least  one  pail,  one  ax,  one  iron  bar.  Ch. 
187,  26. 

23.  Method  of  heating  passenger,  mail,  or  baggage  cars  must  be  approved  by 
commissioner.     Ch.   187,   27. 

24.  No  station  used  for  a  year  shall  be  abandoned  except  by  permission  of 
the    legislature;    railroads    may    have    temporary    stations    certain    months    In    the 


SYNOPSES  OF  COMMISSION  LAWS.  I59 

year.      Railroads    at    junction    points    must    switch    or    transfer    freight    witliout 
charge.     Ch.   187,  29. 

25.  Railroads  must  give  common  user  of  its  tracks  to  other  road.s  on  proper 
compensation   being  made.     Ch.   187,  31. 

26.  If  roads  can  not  agree  upon  compensation  for  common  use  of  tracks,  spe- 
cial  commission    ma.y   be   appointed    to   adjust    the    matter.     Ch.   187,    31. 

27.  (15b)  One  road  shall  accept  articles  for  transportation  to  any  place  on  the 
conecting  road,   and   shall   be  liable  for  the   safe  deliver  thereof.     Ch.   187,   33. 

28.  (3)  Railroad   commission   may   revise   and   establish   milk   rates.     Ch.    187,   36. 

29.  Railroads    to   keep    record   of   receipts    at   each   station.      Ch.    187,    38. 

30.  Stockholders  of  railroad  company  shall  have  right  to  inspect  books  of 
company.     Ch.   187,   S9. 

31.  Railroads   must    have    franchise    from    state    before   allowed    to    operate. 

32.  Grade  of  highway  crossing  may  be  changed  by  town  with  permission  of 
railroad. 

33.  There  shall  be  no  grade  crossings  with  other  roads  or  with  highway,  and 
no  highway  shall  cross  railroad  at  grade  without .  consent  of  commissioner  or 
order  of  court.     Ch.  187,  45. 

34.  All  stations  or  highway  grade  crossings  in  Providence  to  have  gates. 
Ch,  187,   46. 

35.  Town  council  may  require  railroad  to  station  flag  men  at  highway  cross- 
irgs.      Ch.    187,   47. 

36.  Road  bed  of  grade  crossings  to  be  not  less  than  three-fourths  of  an  inch 
below   top  of  rail.     Ch.   187,  49. 

37.  Frogs,  switches  and  guard  rail.s  to  be  blocked  satisfactory  to  commis- 
sioner.    Ch.   187,   50. 

08.    Railroads   shall    not   obstruct   highways   or   stations   with   cars.     Ch.    187,   51. 

39.  Commissioner  may  require  electric  figns  at  all  grade  crossings.  Ch.  187. 
52. 

411.  Railroad  or  street  railway  equipment  may  be  acquired  on  contracts  of 
purchase,    such   contracts  to  be  recorded   with  secrettar>-   of  state.     Ch.   187,  54. 

41.  Action  for  injury  shall  not  abate  on  death  of  party  injured,  but  shall  sur- 
vive to  relatives  or  personal  representative  of  deceased;  but  action  must  be 
brought    within    two   years.     Ch.   233,   14. 

42.  (1)  Governor  may  ayipoint  deputy  commissioner  to  perform  duties  of  com- 
missioner when  latter  is  absent  from  state.     Ch.  679.,  1. 

43.  (Id  I  Salary    of    commissioner   $2,500,    deputy    commissioner   $.'>00.     Ch.    754,    1. 

44.  Railroad    shall    pay    salary    and    expenses   of    commissioner.     Ch.    754,    2. 

SOUTH  CAROLINA. 

(References   are    to    Code    of    1902,    unless    otherwise    indicated.) 

1.  (3)  Commission  may  require  roads  to  build  union  or  other  depots  at  junc- 
tion or  common  points  and  other  places.  Laws  '07,   p.  504. 

2.  (28)  Railroad  shall  give  immediate  notice  to  railroad  commission  and  to 
nearest  physician  by  (|uickest  means  of  communication  if  any  accident  on  road 
attended  by  injury   to  person.     '05,   ch.    lift. 

3.  Railroad  must  keep  consignee  fully  advised  of  progress  of  shipment  of 
stuff.     '06,   ch.  73. 

4.  Station   restaurant   must   have  separate  places   for  races.     '06,    ch.   52. 

5.  (3)  Common  carriers  must  maintain  water  closets  at  depots,  and  keep  same 
in  good  condition.     '06,   ch.  2. 

6.  Commission  to  have  same  powers  over  tclephono  lines  as  over  other  com- 
mon carriers.     '04,  ch.  281. 

7.  Passenger  allowed  200  pounds  of  baggage  on  steam  railroads,  carried  free. 
•04,   ch.     196. 

8.  Railroads    must    provide    separate    cars    for    races.      '(M,    ch.    249. 

9.  Mileage  ticket  may  be  used  by  any  member  of  family.     '04,  ch.  250. 

10.  Railroad  limited  in  time  in  shipment  of  freight  and  delivery  thereof  ac- 
cording to  distance.     '04,   ch.   379. 


IQQ  SYNOPSES  OF  COMMISSION  LAWS. 

11.  (22)  Railroads,  express,  canal,  telegraph  and  telephone  companies,  com- 
mon  carriers.     Art.   9,   sec.   3,   Const. 

12.  Common  carrier  not  to  make  contract  limitting  common  law  liability. 
Art.  9,  sec.  3,  Const. 

13.  (15)  Discrimination  by   common   carrier  prohibited.     Art.   9,   sec.    5,   Const. 

14.  (15c)  Greater  charge  for  short  haul  than  long  haul  prohibited.  Art.  9, 
sec.  5,  Const. 

15.  Railroad  commission  may  permit  special  rates  at  junction  or  competitive 
points   or  with   points  with   water  competition.     Art.    9,    sec.   5,   Const. 

16.  Common  carriers  may  connect  or  cross  lines  of  another  and  shall  receive 
and  forward  freight,  passenger  cars  or  messages  of  another  line  without  dis- 
crimination.    Art.  9,  sec.  6,  Const. 

17.  (1)  Rairoad  commission  created,  consisting  of  three  members;  elective 
unless  changed  by  legislature.     Art.   9,   sec.   14,   Const. 

18.  Fellow  servant  doctrine  not  applicable  to  railroad  employes  except  to 
those  working  together  in  the  same  common  employment.     Art.   9,   sec.   15,   Const. 

19.  Doctrine  of  assumed  risks  not  applicable  to  railroad  employe  except  ta 
engineer  and  conductor  operating  under  defective  car  or  device.  Art.  9, 
sec.  15,  Const. 

20.  (1)  Commission  of  three  members,  elected,  governor  to  fill  vacancy;  sal- 
ary  $2,100.     2063. 

21.  (2)  Office  of  comniission  at  capitol;  commission  may  appoint  secretary  at 
salary  of  $1,200.     2065. 

22.  (24)  Office  expense  of  commission  not  to  exceed  $500  per  annum.    2065. 

23.  Common   carriers  to   pay   salary   and   all    expenses   of   commission.     2066. 

24.  (2)  Commissioners,  secretary  and  other  employes  entitled  to  free  transpor- 
tation.    2066. 

25.  (22)  Commission  has  general  supervision  over  railroads,  express  and  tele- 
graph companies.     2067. 

26.  (21)  Commission  to  enforce  provisions  of  law  relating  to  common  carriers. 
2067. 

27.  Commission  may  commence  mandamus  proceedings  against  road  violat- 
ing charter  or  this  act.     2068. 

28.  (35)  Commission  may  order  repairs  of  railroad,  or  additions  to  rolling 
§tock,  or  improvements  of  any  depot  or  station.     2069. 

29.  (3)  Commission  rnay  order  changes  in  rates  or  fares,  or  in  mode  of  operat- 
ing road   or  business.     2069. 

30.  (9)  On  refusal  of  railroad  to  comply  with  order  of  commission  legal  pro- 
ceedings  may   be   commenced   by   commission    to   compel    obedience.     2069. 

31.  (6)  Upon  complaint  of  officers  of  municipality  commission  after  notice  shall 
investigate   and   may   order   changes.     2070. 

32.  (28)  Commission   shall   investigate   accidents   resulting    in    loss   of   life.     2071. 

33.  (11)  Railroads  must  furnish   commission  with  all  information  desired.     2072. 

34.  (13b)  Commission   shall   make  annual  report  to  the  legislature.     2074. 

35.  (13)  Railroad  shall  make  annual  report  to  commission,  upon  forms  pre- 
scribed  by   commission.     2075. 

36.  All  traffic  agreements  between  different  roads  must  be  approved  by  com- 
mission.    2076. 

37.  All  traffic  agreements  not  approved  by  commission  void.     2076. 

38.  (6b)  Commission   may   subpoena   witnesses.     2077. 

39.  (6b)  Commission  may  apply  to  court  to  compel  attendance  of  witness, 
and    give    testimoony.     2077. 

40.  (13a)  Railroads  required  to  answed  interrogatories  prepared  by  commis- 
sion.    2079. 

41.  (11)  Commission  may  examine  books  and  records  of  railroad  company.  2082. 

42.  On  demand  of  directors  or  person  financially  interested  commission  shall 
examine  books  of  such  corporation.     2080. 

43.  (11)  Commission  may  examine  employes  and  other  persons  under  oath  and 
otherwise.     2082. 

44.  (3)  Commission  to  have  same  authority  as  legislature,  fix  passenger  and 
freight  rates,  joint  and  several.     2082. 


SYNOPSES  OF  COMMISSION  LAWS.  ^^61 

45.  (3)  Road  charging  more  than  reasonable  rate  guilty  of  extortion.     2083. 

46.  (15)  Unjust    discrimination    prohibited.      2084. 

47.  (15e)  All  charges  shall  be  in  proportion  to  distances  for  same  class,  ex- 
cept special  rates  from  or  to  competitive  points  and  for  developing  any  special 
industry,    or  to   the   United   Slates   or   the   state.     2085-6-7. 

48.  (3)  Commission  shall  make  reasonable  and  just  rates,  for  passengers  and 
freight.     2092. 

49.  (3)  Commission    may    establish   joint    rates.     2092. 

50.  (3)  Commission  may  require  physical  connection  at  junction  or  common 
points.     2092. 

51.  C3)  Commission  shall  make  schedule  rates  for  each  road  and  such  rates 
shall  be  deemed  just  and  reasonable.  2(93. 

52.  (3)  Commission   may  change   rates   fixed    by    it   at    any   time.     2093. 

53.  (10)  Railroad    shall    post    schedules    at    stations.     2093. 

■  54.    Commission    may   fix   storage  charges   on   freight.     2094. 

55.  (15)  Discrimination   and  excessive   charges  prohibited.     2095. 

56.  (15b)  Railroads    shall    not    discriminate    against    conecting    roads.      2097. 

57.  (15b)  Railroads  must  receive  freight  and  cars  from  connecting  carrier  des- 
tined for  points  on  its  line,  and  likewise  deliver  cars  and  freight  to  conecting  car- 
ried.    2101-2-3. 

58.  Goods   to    be   shipped    over    route   designated   by   shipper.     2105. 

59.  (3)  Roads  must  make  phyisical  connections  of  tracks  at  proper  points, 
unless  relieved  therefrom  by  commission.    21C9. 

60.  Road  last  built  required  to  pay  expense  of  connecting  tracks  at  junction 
point.     2111. 

61.  (21)  Commission  througli  attorney  general  to  institute  jDroceedings  in 
court   to   collect  penalties   under  this  act.     2116. 

62.  (9)  Railroad  company  may  be  compelled  by  mandamus  to  comply  with 
law   or   orders,    rules   or   regulations   of   commission.     2119.      * 

63.  Passenger   trains    must    have   one   brakeman    for   every    two    cars.     2127. 

64.  Trains  shall  be  equipped  with   such  tools  as  commission  shall  direct.     212S. 

65.  Trains    must    stop    when    crossing    another    road    at    grade.      2131. 

66.  Warning  by  bell  or  whistle  must  be  given  by  train  approaching  highway 
crossing.     2132. 

67.  Railroad   company    shall    place   signs    at   highway    crossing.     21S3. 

68.  Trains    must    stop    at    all    stations    advertised.      2134. 

69.  Commission   may   require   flagman   to   be   stationed   at   crossings.     2142. 

70.  (3)  Railroads  must  furnish  accommodations  for  convenience  and  safetly 
to  passengers.     2157. 

71.  Separate  coaches   to   be   furnished   for  races.     2158. 

72.  Commission    may    regulate    schedule    of    passenger    train.      21('.;{. 

73.  (116)  Passenger  fare  not  to  exceed  three  cents  per  mile.     2165. 

74.  (3)  Commission  may  require  the  building  of  depots  when  it  shall  deeem 
necessary.     2169. 

75.  Lateness  of  trains  to  be  bulletined  at  depots.     2170. 

76.  Time  tables  must   be  published   three   days  before  taking  effect.     2111. 

77.  Commission    to    regulate    crossings    of    different    railroads.      2179. 

78.  (22)  Express,  telegraph  and  telephone  companies  under  control  of  rr.:!- 
road  commission.     2220. 

79.  Telegraph  and  express  companies  shall  pay  from  its  gross  earnings  thoir 
pro   rata   of   salaries   and    expenses    of    commissioners.     2221. 

SOUTH  DAKOTA. 

(References  are  to  Political  Code,  Code  1903,  unless  otherwise  indicated.) 

1.  (12)  Railroad  commission  to  determine  value  of  railroad  property  for  the 
purpose    of   making  rate   and   for   the   purpose   of   taxation.    Ch.    64,    10. 

2.  Railroad  commission  to  collect  information  on  value  of  telegraph  and  tel- 
ephone   companies'    property    and      franchises,     and     t<i    file    the    same    with    State 

—11 


162  SYNOPSES  OF  COMMISSION  LAWS. 

Auditor    for    purposes-  of    taxation.      May    employ    experts    for    thi.s    purpose.    Ch. 
6i,    12. 

3.  Value  of  property  of  express  and  sleeping  car  companies  for  purpose  of 
taxation    that    as   fixed   by   railroad   commission.    Ch.    64,   17. 

4.  Railroads  connecting,  crossing  or  intersecting,  shall  have  all  facilities 
for   convenient   transfer  of   persons   and   property    at   such   point.    Ch.    212,    1. 

5.  (3)  Roads  crossing,  connecting  or  intersecting  to  make  physical  connection 
with   tracks.    Ch.   212,   1. 

6.  Commission  may  require  union  depots  at  junctions,  crossings  or  inter- 
secting points,    and    may    fix   the   cost  thereof   to   respective    roads.    Ch.    212,    1. 

7.  (3)    Roads   shall    make   joint   rates.    Ch.    212,    2. 

S.  (3  and  4)  Commission  may  establish  joint  rates,  and  apportion  the  same  to 
various    roads.    Ch.    212,    3. 

9.  Carrier  shall    not    limit   its   common    law   liability.    Ch.    212,    7. 

10.  (3)  Commission  shall  make  a  schedule  of  rates  for  the  carrying  of  freight 
and   passengers. Ch.    213. 

11.  (116)    Passenger  rates   not   to   exceed   2  1-2   cents   per   mile.     Ch.   213. 

12.  (3)  Commission  shall  change  and  revise  schedules  from  time  to  time.  Ch. 
213. 

13.  (3)    Commission    to    give    notice    of    hearings    for    fixing    rates.     Ch.    213. 

14.  Xo  station  shall  be  abandoned,  or  depot  removed  without  consent  of  com- 
mission.   Ch.    214. 

15.  Railroads  liable  in  damages  for  injury  caused  by  fires  from  right  of  way 
or  locomotive,  and  if  damages  are  not  paid  within  sixty  days  after  demand, 
roads    shall    pay    double    damages.    Ch.    215. 

16.  (S9>  Railroads  must  furnish  car  or  cars  within  72  hours  after  request 
under  penalty  of  $1.   per  day   for  car.    Ch.   216 

17.  Railroad  must  move  car  within  24  houis  after  notice  of  loading  under  a 
penalty   of  $1    per  daf   for  car.    Ch.   216,   2. 

18.  Connecting  line  must  move  car  within  24  hours  after  deliver.v  thereof  bf>' 
connecting  line,    under  penalty  of  $1  per  day   per  car.    Ch.   216,   3. 

19.  (40)  Railroad  must  move  car  forward  at  rate  of  50  miles  ever.v  24  hours. 
Ch.    216,    4. 

20.  -ars  must  be  delivered  to  side  thack  or  warehouse  within  24  hours  after 
arrival    at    destination.    Ch.    216,    5. 

21.  (45)  Shipper  must  load  cars  within  48  hours  after  delivery  of  car  under 
penalty   of  $1   per«day   for  car.    Ch.   216,   6. 

22.  (45)  Consignee  must'  unload  car  within  48  hours  after  notice  of  arrival 
thereof,   under  penalty   of  $1   per  day  per  car.    Ch.   216,   7. 

23.  Bill  of  lading,  the  primary  evidence  of  time  of  receipt  of  car  or  freight. 
Ch.    216, -8. 

24.  Legal  notice  as  reiiuired  b.\-  this  act  to  be  personal  or  through  the  mail.  Ch. 
216,  9. 

25.  (41)    Unavoidable   delays    to   extend    free    time.       Ch.    216.    10. 

26.  (51)  Demurrage  under  this  act  not  to  be  in  lieu  of  actual  damages.  Ch. 
216,    11. 

27.  Commission  may  suspend  any  provision  of  demurrage  act  when  justice 
demands.    Ch.    216.    13    . 

28.  (13)  Railroads  shall  furnish  an  annual  report  to  railway  commission.  Ch. 
216,   14. 

29.  Railroads  not  to  paralel  each  other  closer  than  8  miles  without  permis- 
sion   of   commission.    Ch.    217. 

30.  Railroads  killing  stock  because  of  failure  to  fence  properly,  liable  for 
double   damages.       Ch.    218. 

31.  Railroad   liable   to  personal   representatives  for  death   of   employe.    Ch.    219. 

32.  Fellow   servant   doctrine   not  to  apply.    Ch.   219. 

33.  Contributory  negligence  not  to  bar  recovery,  but  comparative  negligence 
to  be  considered  in  fixing  damages.     Ch.  219. 

34.  No  contract  whatever  to  bar  recovery  for  personal  injuries  to  or  death 
of  employe.    Ch.   219. 


SYNOPSES  OF  COMMISSION  LAWS. 


163 


35.    Actions   for   personal    injury    to    be    commenced    within    2   years.    Ch.    219. 
26.    (128)    Employes    engaged    in    the    movement    of    trains    not    to    be    kept    on 
duty  more  than  16  hours  in  24.    Ch.  220 

37.  (15e)    Free  and   reduced   transpotation.       Ch.    221. 

38.  Unlawful    for   person   to   accept   free   pass    or   privilege.    Ch.    221. 

39.  Railroads   shall    make   report   to   commission   of   all    passes   or    special    priv- 
ileges   given.    Ch.    221. 

40.  State    divided    into    three    commissioner    districts.    1S6. 

41.  (1)    Commission    elected;    term   6  years.       187. 

42.  (1)    Governor    to    fill    vacancy    until    next    election.    188. 

43.  (la)    Commissioner    not    to    be    pecuniarily    interested    in     railroad,     public 
warehouse    or    elevator.    189. 

44.  (2)  Board  to  te  known  as,   "Board   of  Railroad  Commissioners  of  the  State 
of    South    Dakota.    190. 

45.  (2)    Board   shall    elect    a    secretary.    190. 

46.  (2)    Office   to    be    located    by    commission.    191. 

47.  (2)   Commission   to   make   rules  and   orders  for   procedure.    192. 

48.  (2)Record   of  acts   to  be   kept   which    shall   be   public.    192. 

49.  (13b)    Board   to   make    annual    report    to    Governor,    showing    a    complete    fi- 
nancial   condition    of    all    the    roads   in    the   state.    193. 

50.  (lc)Commissioners   to   give   bonds    in    sum    of    $5,000.    194. 

51.  (Id)    Salary   of   commissioner  $1,500;    secretary   $1,2(X).    195. 

52.  (3)     Commission    to    have     general     supervision    of    railroads    operated    b.v 
steam.    432. 

53.  (3)  Commission  to  examine  into  the  condition,   equipment   and   management 
of  railroads   with    reference   to   public  safety   and   convenience.    432. 

54.  (35)    Commission    may    order    changes    or    repairs    to    equipment,    road    bed, 
bridge,    stations,    etc.    432. 

55.  (3)    Commission   may    make   change    in    the    rates    of    fare    for    transporting 
freight    and    passengers.    432. 

56.  (11)    Commission   may   examine    books   and    papers   of   railroad    and    its    offi- 
cers and  employes  of  the  road.    432. 

57.  (3)    Railroads    shall    provide    proper    facilities    and    shall    furnish    oars    and 
handle    and    transport    freight    without    discrimination.    434. 

58.  Shall     receive    grain    shipments    without    discrimination.    435. 

59.  (3)  All   rates  to   be  reasonable.     436. 

60.  (15b)    Railroad    not    to   give   preferences    in    shipments    except    to    live    stock, 
uncured    meat   or   other   perishible    property.    437. 

61.  (15c)    Not   to    charge    more   for   short    haul    than    for   long    haul.    43S. 

62.  Pooling    agreements    and    combinations    to    prevent    competition    unlawful. 
439. 

63.  (10)    Railroads   must    print    and    post   schedules    of    rate,    fares    and    charges 
for   transportation    of   persons    and    property.    440 

64.  (10)    Railroads    to    file    schedule    rates    of    commission    including    .ioint    rates. 
440. 

65.  (15b)    Shipments   over  different   lines   not   to   be   delayed.    441. 

66.  Carrier   violating   provisions    of    this    chapter   liable    to    personal    injui->-    for 
actual    damages.    442. 

67.  Party  injured  by  violation  of  this  chapter  may  make  complaint  to  the  com- 
mission   or   bring   action    in    court.    442. 

68.  (38)    Oflicer   or   agent    of    railroad    aiding   or    abetting    violation    of    this    act 
guilty    of    misdemeanor.    444. 

69.  (6b)    Commission    to    keej)    itself   informed    of   railroad    affairs   in   state.    445. 

70.  (6b)  Witness  refusing  to  testify  or  to  obey  process  of  commission  to  be  cited 
by  court   to  attend  and   testify,   and   on   failure   to  do  so,   guilty   of   contempt.    445. 

71.  (6)    Any    person,    firm,    association,    club,    society,    or    body    politic    may    pe- 
tition commission  to  regulate  or  fix  any  rate  or  facility.     446. 

72.  (6)   Commission   to   notify   railroad   to   comply   with   request   of    petitioner  or 
show  cause  why   if  same   cannot  be  done.    446. 

73.  (3)    Findings   or   orders   of  commission    to   be   deemed   prima    facie   just    and 
reasonable.    447. 


Ig4!  SYNOPSES  OF  COMMISSION  LAWS. 

74.  (3)   Appeals   may   be    had    from    commission    to    circuit    court.    449. 

75.  (9)   Orders   of   commission    ma.v   be   enforced    by    mandamus.    449. 

76.  (3)  Commission  after  notice  and  hearing  to  make  schedule  of  maximum 
rates    and    fares.    450. 

77.  (10)  Schedule  made  or  revised  by  commission  to  be  posted  in  each  depot 
by    railroad.    450. 

78.  Notice  of  the  time  of  the  taking  effect  of  schedules  fixed  by  commission, 
to  be  published   in  two  newspapers  of  the  state.    450.  S 

79.  (6)  On  complaint  that  rates  fixed  by  railroad  or  by  commission  are  toa 
high  or  discriminating,  commission  shall  investigate  and  may  after  hearing  re- 
duce   the    same.    451. 

80.  No  formal  or  technical  rules  to  apply  in  investigations  to  determine  reason- 
ableness   of    rate.    452. 

81.  Rates  on  other  roads  and  in  other  states  may  be  taken  into  consideration 
by   commission   in   fixing   rate.    452. 

82.  (3)Rates    fixed    by    commission    prima    facie,    just    and    reasonable.    453. 
S3.     (13)    Railroad    to    make    annual    report    to    commission.    454. 

84.  (15)    Railroad   charging   greater   rate    guilty    of   extortion.    455. 

85.  Commission  may  require  otlner  reports  of  railroads  than  annual  reports. 
456. 

86.  (13)  Road  failing  to  report  when  reciuired,  subjest  to  penalty  of  $100  per 
day  for  each   day's  delay.    456. 

87.  (15c)   Road   not  to   charge  more  for  short   haul   than   long  haul.    457. 

88.  (15)     Unjust     discrimination     defined.    457. 

89.  (15e)   Road  may   issue  commutation,   excursion  or  1000  mile  tickets.    457. 

90.  Commission    may    permit    special    rates    to    new    industry.    458. 

91.  (15a)    Penalty    for    extortion    or    unjust    discrimination.    459 

92.  Penalty  for  railroad   guilty   of    extortion    or   unjust   discrimination.    460. 

93.  Commission  to  bring  suits  to  collect  tines  and  forfeitures,  which  suits  shall 
have  precedence  over  other  proceedings.  Suits  not  to  be  dismissed  without  consent 
of  commission.     461. 

94.  (15e)    Railroad    may    give    centain    free    or   special    rates.    462 

95.  Commissioners,  secretary  and  employes  to  have  free  transportation  when 
on    duty.    463. 

96.  Railroads   may   make    joint   rates   less    than    combined   local    rates.    464. 

97.  (3)  Railroads  to  make  joint  rates  witli,  and  to  receive  and  transport 
freight  and  cars  of  connecting  road.    465. 

98.  (3)  On  failure  of  roads  to  make  joint  rates,  or  to  make  reasonable  rates 
for    through    shipments,    commission    shall    make.    466 

99.  (3)    Commission   to   give   hearing  on  joint   rates.    467. 

100.  Railroads  at  points  of  connection,  crossing  or  intersection,  to  have  union 
platform,    stations    or    depots.    468. 

101.  Attorney  General  to  be  advisor  of  commission,  but  commission  may 
employ  additional  counsed.    470. 

102.  Road  continuing  to  wilfully  violate  law,  or  orders  of  commission  to  for- 
feit  right   to   do   business   in    state.    471. 

103.  Attorney  General  to  bring  action  to  forfeit  franchises  of  roads  contin- 
uing to  violate  law,   or  orders  of  commission.    472. 

104.  (1)    Commissioner  wilfully   neglecting  duty    to   forfeit    office.    473. 

105.  When  demand  for  cars  exceeds  supply,  each  applicant  to  receive  one 
car,    rest    to    be    prorated    according    to    demands.    477. 

106.  Commission  shall  order  passenger  trains  to  be  scheduled  so  as  to  make 
connections  at  junctions  with  other  trains.    478. 

107.  Commission  to  have  supervision  and  control  over  grading,  handling,  in- 
specting   grain,    and    the    management    of    public    warehouses.    481. 


SYNOPSES  OF  COMMISSION  LAWS.  Ig5 

TENNESSEE. 

(.References   are   to   Chapter   10,    Laws   1897,    unless   otherwise    indicated.) 

1.  Unlawful  for  railroad  company  or  officer  or  agent  thereof  to  give  to  or  for 
commissioner  to  accept  any  gift,  gratuity,  emolument,  employment  or  favor.     5. 

2.  Railroad    shall    furnish    passes    to    commissioners.    5. 

3.  Penalty   for   violation   of   above,    $1,000   to   |5,000.    5. 

4.  (2)  Secretary  to  keep  records  of  commission,  minutes  shall  be  signed  by 
each    commissioner.    6. 

5.  Certified  copies  of  minutes  or  proceedings  to  be  admitted  in  evidence  with- 
out  further    proof.    6. 

6.  (3)   Commission   to   supervise  and  fix  freight  and   passenger  tariff.    8. 

7.  (2)  Commission  to  make  rules  and  regulations  for  proceedings  by  and 
before    it.    8. 

8.  (6a)   Hearings   of  commission   to   be   public.    8. 

9.  (13)    Commission    to    prepare    suitable    blanks,    for    reports    for    railroads.    8. 

10.  (13)    Railroads   must   fill    out   blanks    furnished    by    commission.    S. 

11.  (11)  Commission  to  have  full  power  to  examine  all  books  and  papers  of 
railroad  company,  and  to  examine  persons  under  .oath  touching  railroad  maters. 
8. 

12.  (6b)  May  issue  subpoenas  to  witnesses,  and  subpoena  duces  tecum.    9. 

13.  (6b)  Witness  refusing  to  obey  summons  or  to  testify  guilty  of  misdemean- 
or.   9. 

14.  Acts  of  commission  for  assessing  railroads  for  taxes  approved.  Act  Feb. 
4,    '98. 

1.5.    Sec.    33    of   Commission   act    repealed.    '07,    Sec.    33. 

16.  Railroads  must  give  common  use  of  tracks  in  passes,  gorges  and  nar- 
row   defiles.    '99,    Ch.    £99. 

18.  (3)  Railroads  must  maintain  and  keep  in  proper  repair  water  closets  at 
passenger    depots,    junctions    or   waiting    rooms.    '99,    Ch.    211. 

19.  (1)  Commission  to  consist  of  three  persons;  elected,  term  6  years;  gover- 
nor may  fill  vacancies.     '97,  Ch.   10,  1. 

20.  (2)   Office  of  commission  at  state  capitol.    2. 

21.  (Id)    Salary    of    commissioner    $2,000.    3. 

22.  (2)    Commission    may    appoint   a   secretary,    salary    $1,500.    3. 

23.  (2)  Traveling  expenses  of  commission  not  to  exceed  three  thousand  dol- 
lars,   and  $1,000  traveling   expenses    of   secretary.    3. 

24.  (la)  Commissioner  not  to  hold  any  other  office  or  engage  in  business  in. 
consistent  with  office  of  commissioner.    4. 

25.  (la)    Commission   shall   not   be    financially    interested    in    any    railroad.    4. 

26.  (Ic)    Commissioner    to  "give   bond    $20,000.    4. 

27.  Commissioner  shall  not  accept  or  seek,  give  favor  or  gratuity  to  common 
carrier.    5. 

28.  (14)    Witness    financially    interested    in    railroad    not    entitled    to    fees.    10. 

29.  Commission    has    power    of    court    to    punish    for    contempt.    10. 

30.  (14)Witness  not  excused  because  testimony  incriminating  but  such  testi- 
mony  shall   not   be  used   against   him   in   any   other   proceedings.    10. 

31.  (14)   Commission   may  issue  process  and   take   testimony  by  depositions.    10. 

32.  Contracts  or  engagements  of  roads  furnished  to  commission  in  its  official 
capacity  may  be  kept  from  public  in  the  interest  of  the  railroad  liable  to  be  injured 
by  publicity.     10. 

33.  (13)  All  financial  statements  issued  by  railroad  to  bo  furnished  to  com- 
mission. 12. 

34.  (13)    Railroads    shall    make    an    annual    sworn    report    to    commission.    12. 

35.  (13a)  Officer  or  agent  of  a  road  refusing  to  make  report  under  oath  to 
commission   guilty  of  misdemeanor.     13. 

36.  (15)  Special  rates,  rebates  or  favors  prohibited.     15. 

37.  (3)  Unlawful   for  railroad  to   charge   more  than  reasonable   rate.     16. 

38.  (15a)  Undue  or  unreasonable  preferences  to  any  person  or  locality  or  ar- 
ticle,   or   any    discrimination    against    same    unlawful.    17 


IQQ  SYNOPSES  OF  COMMISSION  LAWS. 

39.  (15c)    Not   to   charge   more    for   short    haul    than    for   long   haul.    IS. 

40.  (15d)  Railroad  guilty  of  extortion,  discriminatin  or  favoritism  liable  to  a 
fine  of  from  $500  to  $2,000.    19. 

41.  (9)  Action  to  collect  penalties  is  brought  by  Attorney  General  in  name  of 
State    on    relation    of    Commission.    20 

42.  (13c)  Commission  to  investigate  interstate  rates,  and  if  excessive  to  re- 
quest railroads  to  reduce,  and  on  failure  of  roads  to  comply,  to  petition  inter- 
state commerce  commission.     21. 

43.  (10)    Railroads    to    furnish    .'schedule    of    rates    to    commission.    22. 

44.  (3)  Commission  shall  revise  rates  and  shall  fix  .just  and  reasonable  rates. 
09 

45.  Commission  in  fixing  rates  shall  consider  character  and  nature  of  ser- 
vice  to   be   performed   and   entire    business   of    railroad.    22. 

46.  (3)  Commission  may  raise  or  reduce  rates  as  justice  to  ijublic  or  roads 
may    require.    22. 

47.  (10)    Railroads    shall    post    schedules    of    rates    to    all    depots.    22. 

48.  (3)  Unlawful  for  railroad  to  charge  other  rate  than  that  fixed  by  com- 
mission.   22. 

49.  (3)    Commission    to   give   ten   days'    notice    of    hearing   to    change    rates.    22. 

50.  (15d)    Penalty    for    reduction    or   rebating,    $10    to    $500.    23. 

51.  (15e)  Railroad  may  give  special  rates  for  religious,  charitable  or  benev- 
olent purposes,  or  to  immigrants  or  for  pleasure  excursions,  or  may  give  special 
rates  to  encourage  any  new  factory  or  business  when  approved  by  commission. 
24. 

52.  (38)    Penalties   not   otherwise  provided   for,   $25.    to   $100.    25 

53.  (9)  Actions  under  this  act  to  be  brought  in  any  court  havig  Jurisdiction 
of    such    proceedings.    26. 

54.  Prosecution  to  actions  under  this  act  to  be  commenced  within  one  year. 
26. 

55.  (21)   Commission   to  enforce  all  laws  relating  to   common   carriers.    27. 

56.  (9)  All  suits  between  the  state  and  any  railroad  shall  have  precedence  in 
all    courts.    27. 

57.  (15)    Unjust   discrimination    defined.    28. 

58.  Commission  to  confer  with  other  commissions,  and  interstate  commerce 
commission    by    correspondence,    convention    or    otherwise.    29. 

59.  (22)  Act  not  to  apply  to  street  railways.    30. 

60.  (13b)   Commission   to  make  annual   report   to   Governor.    31. 

61.  (9)  Commission  may  compel  obedience  to  the  law  or  its  orders  by  pro- 
ceedings   in    mandamus.    32. 

62.  (3)  Orders,  rates  and  regulations  made  by  commission  to  be  deemed 
reasonable  and  Just  until  the  contrary  shown.    32. 

63.  In  fixing  rates,  commission  shall  take  into  consideration  water  competi- 
tion.   34. 

TEXAS. 

(References  are  to   Reviser  Statutes   '95,   unless   otherwise   indicated.) 

1.  (1)   Three   commissioners;    elective,   term   six  years.    Con.   Ai,t.   16,    Sec.    30. 

2.  (1)    Commission    created,    three   members,    appointive.    4561. 

3.  (la)    Member    must    not    have    interest    in    railroad.    4561,1. 

4.  (Id)    Salary    $4,000.    4561.    5. 

5.  (2)    Shall    meet   at   Austin.    4561,    5. 

6.  (2)    Commission    may    appoint    secretary    and    two    clerks.    4561,    5. 

7.  (2)  Commission  shall  be  known  as  the  "Railroad  Commission  of  Texas." 
4561,    5. 

8.  (2)   May  hold   sessions   any  place  in   state.    4561,   5. 

9.  (3)  Board  shall  have  general  power  to  govern  tariffs,  correct  abuses  and 
prevent   discriminations.    4562. 

10.  (.3)   Shall  classify  and   subdivide   property   that   may  be   transported.    45G2,   1. 

11.  (3)    Shall   have    power   to   fix   rate    for   each    subdivision.    4562,    2. 

12.  (3)   Shall   have  power   to   make  rates  for   express   companies.    4562,4. 


SYNOPSES  OF  COMMISSION  LAWS 


167 


13.  (3)    Shall    establish    joint    rates    for    connecting    lines.    4562,    .5. 

14.  (4)In  disputes  over  joint  rates  between  connecting  lines,  commission  shall 
have   power  to   act.    4562,   6. 

,15.  (3)  May  determine  procedure  as  to  hearing  (jf  cumidaints  as  to  rates,  etc. 
4562,   9. 

16.  (3)    May   make    rates   for   hauling   loaded    or  empty   cars.    4562,    10. 

17.  May  make  rates  for  the  storing  or  handling  freight  and  for  use  of  cars 
not   unloaded   after  48  hours   notice   to   consignee.    4562,    Ki. 

18.  Shall   have   power  to   determine   passenger   rates.    4562,    11. 

19.  (3)   Clean  depots  and  freight  sheds  must   be  kept    and   maintained.    4562,   12. 

20.  (3)  Commission  has  entire  power  over  procedure  at  all  hearings  and  in- 
vestigations.   4563,    1. 

21.  (6b)    Commissioners   may    compel    attendance    of    witnesses.    4563,    2. 

22.  Commissioners  may  compel  attendance  of  witne.sses  and  punish  for  con- 
tempt.   4563,    2. 

23.  (6b)  Commissioners  may'comijel  attendance  of  witnesses  and  production 
of   papers,    way-bill    books,    accounts,    etc.    4563,    2. 

24.  (3)  Rates,  charges,  classifications  prescribed  by  raalroad  commission 
prima   facie  fair  and  just.    4564. 

25.  (3)  Appeal  may  be  had  from  decision  of  railroad  commission  to  court. 
4565. 

26.  (8)  In  all  trials  on  appeal  from  commi.ssion  the  burden  of  proof  shall  rest 
upon    the    plaintiff.    4566. 

27.  Commission  must  furnish  railroads  with  classification  and  schedule  and 
railroads  must  publish  same  and  display  it  in  a  conspicuous  i)lace  at  its  depots. 
4567. 

28.  (6)  Hearings  of  complaint  may  be  had  on  live  days'  notice  to  railroad. 
4568. 

29.  Commission    shall    find    if    violation   by   carrier    was   wilful    or    not.    45C8. 

30.  Evidence  taken  before  commission  investigations  of  complaint  when  re- 
duced to  writing  may  be  used  by  either  party  in  any  ])roceeding  against  such 
railroad    involving    the    same    subject    matter.    4568. 

31.  (11)  Commissioners  may  inspect  books,  papers,  (jf  railroad  compan\-  and 
examine  any  officer  or  agent  under  oath.    4569. 

32.  (11a)  Railroad  refusing  to  permit  commissioners  to  examine  books  or 
papers  are  liable  to  fine  of  from  $125  to  $500  for  each  day  it  shall   so  refuse.    4569. 

33.  (12)  Commission  must  find  cost  of  equipment  and  construction  per  mile 
of   roads.    4570. 

34.  Commission  must  ascertain  outstanding  bonds,  debentures,  etc..  of  rail- 
roads.   4570. 

35.  Commissioners  shall  also  ascertain  amounts  paid  for  salaries  of  officers 
of  railroad   and   wages   of   employes.    4570. 

36.  (12)  Commission  may  employ  sworn  experts  to  asceilain  cost  of  construct- 
ion,  etc.      4570. 

37.  (13)  Commissioners  to  issue  blanks  with  questions  calculated  to  elicit  In- 
formation  from   railroads   and    railroads   must  fill   out   same.       4571. 

38.  (13a)  Officer  of  railroads  refusing  to  answer  questions  on  blanks  or  giving 
false    answers   liable   to    fine   of   $500.    4571,   1. 

39.  (13)  Commission  shall  have  power  to  prescribe  a  system  of  bookeeping 
for   the    railroads.    4571,    l._ 

40.  (13b)    Commission    shall    report    annually    to   the   Governor.       4571.    2. 

41.  (13c)  Commission  has  ijower  to  investigate  all  through  rates  and  recom- 
mend  changes.    4571,   3. 

42.  (13c)  Commission  to  investigate  through  rates  and  re;)ort  to  the  inter- 
state  commerce   commission    for  relief.     4571,    4. 

43.  (6b)    Commission    shall    have    power   to    issue    subpoenas.    4572. 

44.  (14)  Witnesses  appearing  before  commis.'^ion  shall  receive  ?1.0it  jier  day 
and   3   cents    a    mile.    4572. 

45.  (6b)  Attachment  may  issue  against  witnrsses  failing  (U-  refusing  to  obey 
subpoenas.    4572. 


168 


SYNOPSES  OF  COMMISSION  LAWS. 


46.  Commission  may  fine  and  imprison  witness  for  contempt,  wlien  such  wit- 
ness shall  fail  or  refuse  to  answer  any  (luestions  propounded  to  him.     4572. 

47.  (15)  Giving  preference  or  advantage  to  any  shipper  is  an  unjust  discrimin- 
ation.     4574,    1. 

48.  (lodi  Railroad  refusing  to  obey  regulations  prescribed  by  commission 
shall  be  deemed  guilty   of   unjust   discrimination.     4574,   2. 

49.  (15c)  Charging  greater  rate  for  short  than  for  long  liaul  is  unjust  discrim- 
ination.    4574,   3. 

50.  (15c)  Commission  may  in  special  cases  authorize  a  greater  sum  for  a  short 
than  a  long  haul.     4574,  3. 

51.  (15e)  Railroads  may  in  certain  cases  handle  freight  free  and  give  passes 
to  ministers,  etc.     4574,  5. 

52.  Railroads  are  individually  liable  to  persons  whom  they  overcharge  or 
discriminate  against.     4575. 

53.  (5)  Penalty  for  violating  orders,  judgments  or  decree  of  railroad  com- 
mission  $5,000.     4576. 

54.  Suits  may  be  brouglit  by  the  attorney  general  for  violation  of  any  of 
the   orders  of   the   railroad   commission.     4577. 

55.  (31  Clasifications,  rates,  rules  are  to  be  furnished  by  the  commission  and 
are   competent   evidence   in   all    trials   before   the   commission.     4578. 

56.  (21)  Railroad  commission  must  prosecute  all  violations  of  law  by  the 
railroad  companies   and    recover   all    over  charges    and   penalties.     4579. 

57.  Connecting  railroads  entering  into  contracts  for  hauling  or  transporting 
passenger  or  freight  cars  must  submit  their  agreement  to  the  railroad  commission 
for  approval.     4579,   1. 

58.  (22)  Term   railroad.     4580. 

59.  (22)  Coinmission  has  not  power  over  street  railroads  nor  suburban  or  belt 
lines  in  or  near  city.     4580,  1. 

■  60.    Commission   has   power  to    regulate   number   of   trains   to   be   run   each    day 
for  passenger  traffic.     4580,  2. 

61.  Individuals  have  still  their  ordinary  right  of  action  against  the  railroad 
and  so  has  the  state.    4581. 

62.  Railroad  commission  has  power  to  make  emergency  rates  and  they  shall 
apply  as  the  commission  directs.     Act  Apr.  5,   1897. 

63.  (11)  Penalty  for  refusing  to  exhibit  books  to  railroad  commission  from 
$125   to   $500.     Penal   Code   '95,   1007. 

64.  (3)  Railroad  commission  has  power  to  classify  and  fix  rates  for  express 
companies.     4582. 

65.  Railroad  commission  may  sue  and  recover  any  charges  made  by  express 
company   in  excess  of  charges  as  laid   out  by  commission.     4583. 

66.  (11)  Commission  has  power  to  investigate  books,  regulations,  etc.,  of  ex- 
press  companies.     4584. 

67.  Express  companies  must  have  general  office  in  state  and  railroad  com- 
mission has  power  to  enter  office  and  examine  all  books,  papers,  etc.     "07.  ch.  18,  1. 

68.  Failure  to  keep  office  in  state  and  allow  railroad  commission  all  access 
to  books  is  punished  by  fine  of  $1C0  to  $500.     '07,   ch.   18.  1. 

69.  (21)  Railroad  comimssion  shall  report  violation  of  above  law  and  attorney 
general  shall   prosecute.     '97,   ch.   18,  1. 

70.  Express  companies  must  report  all  receipts  and  expenditures  to  the  rail- 
road commission  at  any  time  the  commission  directs.     '97,  ch.  18,  2. 

71.  (11)  Raitroad  commission  has  power  to  examine  all  books  of  general  office 
of  express  companies.     '97,  ch.  18,  2. 

72.  (11)  Refusal  to  let  railroad  commission  see  books  of  express  companies 
shall  be  sufficient  ground  for  withdrawal  of  privilege  of  doing  business  in  this 
state.  '97,  ch.  18,  2. 

73.  AVhen  express  company  refuses  access  to  railroad  commission  of  books, 
etc.,  in  general  office  the  attorne.v  general  shall  institute  suit  against  express 
companies.     '97,  ch.  18,  2. 

74.  Express  companies  must  inform  railroad  commission  of  officers  and 
places  of  general  office.    '97,  ch.  18,  3. 


SYNOPSES  OF  COMMISSION  LAWS.  ^gQ 

75.  Failure  to  give  notice  to  railroad  commission  of  officers  and  general  of- 
fice, grounds  for  withdrawing  privilege  of  doing  business  in  the  state  from  the 
express  company.  '97,  ch.  18,  .3. 

76.  No  stocks  or  bonds  of  railroads  can  be  increased  without  authority  of 
railroad    comimssion.     45S4b. 

77.  Railroad  commission  has  power  to  permit  the  issuance  of  further  indebted- 
ness and  bonds  after  the  passage  of  this  act  only  to  the  extent  of  fifty  per  cent 
cf  value    of   property.     4584b. 

78.  (12)  Railroad  commission  must  ascertain  value  of  each  railroad  in  state 
and  report  to  the  secretary  of  state.     4584c. 

79.  Commission    must    give    railroads    ten    days    notice    after    report    is    made. 
4584c. 

80  (12)  On  companies  objecting  to  valuation  of  commission  the  commission 
shall  have  power  to  investigate  and  pass  on  the  same.     4584c. 

81.  Railroads  building  or  operating  must  apply  to  railroad  commission  before 
issuing  further  bonds  or  indebtedness.     4584f. 

82.  Application  by  roads  building  or  operating  or  increasing  indebtedness  must 
show  contract,  how  much  road  completed,  depot  grounds,  terminal  facilities,  etc. 
4584f. 

83.  Commission  has  power  to  authorize  executions  of  indebtedness  and  lien 
to   the  extent   of   fifty   per  cent   of   whole  value   of   property.     4584f. 

84.  Newly  organized  railroad  companies  shall  issue  stock  according  to  law, 
filing  statement  of  such   issuance   with    the   railroad   commission.     4584   g. 

85.  No  stock  shall  be  issued  by  railroad  companies  without  statement  first 
having    been    deposited    with    railroad    commision.      4584g. 

86.  At  instance  of  railroad  commission  secretary  of  state  shall  certify  to  the 
correct  amount  of  stock  issued.     4584g. 

87.  Bonds  issued  by  railroad  company  shall  be  presented  to  the  railroad  com- 
mission with  full  statement  of  amount,  etc.    45S4h. 

88.  Railroad  commission  has  power  to  see  that  bonds  issued  by  railroad  sat- 
isfy   the    laws   of   the    state.     4584h 

89.  Railroad  commission  has  power  to  approve  bonds  issued  by  railroad  com- 
pany if  according  to  law.     4584h. 

90.  Railroad  bonds  are  not  valid  until  registered  with  the  secretary  of  state 
and  no  bonds  shall  be  registered  except  under  the  direction  of  the  railroad  commis- 
sion.    45841. 

91.  Fraudulent  procuring  the  railway  commission  to  direct  the  secretary  ot 
state  to  register  bonds  of  a  railroad  company  places  the  person  who  does  so 
liable   to  confinement   in  the  penitentiary   from  two  to  fifteen   years.     4584i. 

92.  Railroad  commission  has  power  to  regulate  railroad  crossings  and  inter- 
locking devices.    '01,  ch.  S9. 

93.  (3)  Railroad  commission  has  power  to  compel  railway  companies  to  con- 
struct sidings  and  spur  tracks.     '03,  ch.  68. 

94.  (3)  Rates  of  terminal  companies  to  be  fixed  by  commission.  Laws  '03, 
ch.  109. 

95.  (3)  Railroads  must  keep  suitable  water  closets  at  stations  for  accommo- 
dation of  passengers.    Laws  '05,  ch.  233. 

96.  Doctrine  of  assumed  risk  abolished  except  in  certain  cases.  Laws  '05,  ch. 
163. 

VERMONT. 

(References  are  to   No.    ]2t>.    Public   Acts   of  1906.) 

1.  (1)  Three  members  of   commission.     1. 

2.  (1  &  30)  Commissioners  to  be  appointed  by  governor,   confirmed  b.v  senate.  2. 

3.  (1)  Term  of  office  six   years.     3. 

4.  (la)  Qualifications   of  commissioners.     4. 

5.  Commissioners  to  have  free  transportation  on   railroads.     4. 

6.  (2)  Commissioners    to   appoint    a   clerk.     5. 

7.  (Ic)  Oath   of   office   to   l)e    taken   by   commissioners    and    chrk.     5. 

8.  (2)  Duties  and   powers  of  clerk   of  board.     6. 


170 


SYNOPSES  OF  COMMISSION  LAWS 


ii.     Clerk  of  board  to  issue  subpoenas  and   administer  oaths  to   witnesses.     3. 
10.    Clerk  of  board   to  grive   bond   in   the   sum   of  .$1,000.     6. 

1.  (2)  Meetings  of  board  may  be  held  at  any  time  and  place  within  the  state. 
7. 

12.  Board  of  commissioners  shall  have  the  powers  of  a  court  of  record  in 
matters  over  which   it    is  given   jurisdiction.     S. 

13.  (2)  Official  seal  and  title  of  board.     S. 

14.  (2)  Forms  and  I'ules  of  practice  before  board  shall  be  printed  f(jr  distri- 
bution.    9. 

15.  (3)  Appeal  may  be  taken  from  decree  or  judgment  of  the  board  to  the  su- 
preme  court.     10. 

16.  (3)  Appeal  from  commissioners  to  supreme  court  to  be  governed  by  rules 
governing  appeals  from  the   court  of  chancery.     11. 

17.  Rules  governing  security  and  recovery  of  costs  in  cases  before  com- 
mission.     12. 

18.  (3)  Comimssioners  to  have  general  supervision  oxer  all  railrrjads  within 
the  state.     13. 

19.  Commission  to  examine  all  railroads  and  e(iuii)ment  in  the  stale  annually. 
13. 

20.  (11)  Commission  to  have  authority  to  examine  all  railroad  books,  records 
and    accounts.     14. 

21.  (11a)  Penalty  for  refusal  of  railroad  officers  and  employes  to  testify  re- 
garding  books   and   accounts.     14. 

22.  (14)  Fees  of   witnesses   before  commission.     15. 

23.  (2)  Commission  may  employ  engineers,  accountant,  stenographer  or  other 
experts.     15. 

24.  Members  of  commission   and  employes  to   have  free  transportation.     16. 

25.  (3)  Members  of  commission  and  employes  to  have  the  right  to  enter  rail- 
road offices,   depots  and   cars.     16. 

26.  (13)  Railroads  reriuired  to  furnish  commission  with  information  of  con- 
dition  of   road   beds,   bridges   and    enuipment.     17. 

27.  Commission  not  to  give  publicity  to  all  information  obtained  by  it  regard- 
ing  equipment   of   railroads.     17. 

28.  (13)  Penalty  of  railroads  for  refusal  to  furnish  information  to  com- 
mission.     18. 

29.  (37)  Railroads  required  to  furnish  the  commission  with  information  about 
accidents.    19. 

30.  (28)  Commission  shall  inquire  into  all  railroad  accidents  resulting  in  loss 
of  life  and  may  inquire  into  all  railroad  accidents,  coUisons  or  derailments  of 
trains,     20. 

31.  ylS)  Commission   may  hold   public   investigation   of  any   railroad   accident.   20. 

32.  (28)  Commission  shall  make  puDlic  its  findings  regarding  accidents  investi- 
gated.    20. 

33.  (6)  Any  person  or  corporation  claiming  to  be  injured  by  railroad  ma\"  make 
complaint   to    board    or    to    the    state    attorney.      21. 

34.  Commission  to  refer  formal  complaints  made  to  it  to  the  attorney  general 
for  investigation.     21. 

35.  (6)  Commission  may  order  formal  hearing  on  com.plaint  endorsed  by  at- 
torney general.     21. 

36.  (6b)  Summons  issued  by  commission  shall  be  served  like  writs  of  sum- 
mons.    23. 

37.  (3)  Authority  of  commission  over  railroad  crossings,  depots  or  stations, 
fences  and  cattle  guards,  tracks,  equipments,  connections  between  different  roads, 
issues  of  stocks  and  bonds,  tolls  and  rates,  manner  of  operating  railroads,  and 
organization    of    railroad    corporations,    etc.     23. 

38.  (3)  Manner   of    bringing    proceedings    before    commission.      24. 

39.  (13)  Commission   may   establish    a    uniform   system   of  railroad   accounts.     25. 

40.  (13b)  Commission   shall   make   biennial    report    to   the   general    assembly.      26. 

41.  One  thousand  copies  of  commission's  report  to  be  printed  for  distribu- 
tion.    27. 


171 


SYNOPSES  OF  COMMISSION  LAWS. 

42.  (Id)  Salary    of   commissioner  $l,2u0.     28. 

43.  (Id)  Salary   of   chairman    of    board   $1,500.     28. 

44.  (2)  Salary   of   clerk   of  board   to   be   fixed   by   commission.     28. 


VIRGINIA. 

(References    are    to    Corporation    Commission    Law    of   1907.) 
1.     (1)  Commission    of    three    persons    to    have    authority    over    all    corporations, 
trusts,  associations  and  joint  stock  companies.     1. 

2.  (1,  22  &  30)  Definition  of  corporation  covered  b.v  corporation  commission  act. 
Three  members  of  corporation  commission  to  be  appointed  by  governor  and  con- 
firmed by  general  assembly.    1. 

3.  (la)  Qualifications    of    corporation    commissioners.      3. 

4.  (2)  Corporation  commissioners  to  have  office  at  state  capitol,  but  may  hold 
meetings  at  any  place  within  state.     5. 

5.  (2)  Corporation  commission  to  have  a  clerk,  a  first  assistant  clerk,  a  bailiff, 
and  a  stenographer,   to  be  appointed  by  commissioners.     7. 

6.  Qualifications    of    employes.     8. 

7.  (1  &  2)  Con^oration  commission  to  elect  chairman  and  appoint  employes. 
Commissioners    appointed    must    qualify    within    thirty    days.      9. 

8.-    (2)  Duties  of  clerk  of   corporation   commission.     11. 

9.  (20)  Certified   copies    of    records    furnished    on    application.      11. 

10.  (2)  Duties    of    first    assistant    clerk    of    corporation    commission.      12. 

11.  (2)  Duties    of   bailiff   of   commission.      13. 

12.  Clerk,  first  assistant  clerk  and  bailiff  to  give  bonds  in  the  sum  of  not 
less  than  $.5,000.  Corporation  commission  may  require  all  corporations  doing  busi- 
ness in  state  to  make  report  to  commission.     15. 

13.  (3)  Corporation  commission  to  make  inquiry  and  examination  into  acts  and 
proceedings    of   all    railroad    companies   and    common    carriers.     15. 

14.  (35)  Corporation  commission  to  examine  all  railroads  and  railroad  equip- 
ment.    15. 

15.  Corporation  commission  to  have  authority  to  impose  fines  and  penalties 
on  transportation   companies  for  violation  of  law.     16. 

16.  (3)  Commission  to  have  authority  to  order  repairs  on  railroads,  equip- 
ment, station  houses,  wharves  or  landings.    20. 

17.  (3)  Corporation  commission  to  have  authorit.v  to  prescribe  mode  of  operat- 
ing   transportation    lines,    conducting    transportation    business.      20. 

18.  Corporation  commission  may  impose  penalties  for  refusal  to  make  re- 
pairs on  ten  days'   notice  after  hearing.     20. 

19.  (3)  Corporation  commission  may  order  repairs  on  railroads  on  complain 
of  mayor  or  council   or  supervisor.     21. 

20.  Corporation  commission  may  impose  fines  or  penalties  for  refusal  of  rail- 
roads   to    make    repairs   within    sixty   days    after    notification.     21. 

21.  (6)  Complaints  before  corporation  commission  may  bv  on  its  own  motion 
or   instituted  by  the  commonwealth.     22. 

22.  Common  law  and  statute  laws  to  govern  rules  of  evidence.     23. 

23.  (2)  Corporation  commission  shall  make  rules  of  order  and  procedure  and 
shall   furnish    the   .same    on    application.     25. 

WISCONSIN. 

(References  to   Railroad   Commission    I>aw.) 

1.  (1  &  30)  Three  commisisoners  appointed  by  governor  and  confirmed  by  sen- 
ate. Appointment  not  effective  until  confirmed;  term  of  office  six  years;  vacan- 
cies to  be   filled  by  appointment  by   governor.     1. 

2.  (la)  Qualifications.  One  member  of  board  to  have  general  knowledge  of 
railroad  law.  Other  members  to  have  general  knowledge  of  transportation  mat- 
ters,    la. 

3.  (1)  Commissioners    may    be    removed    by    governor    after    hearing,      lb. 


j>^Q  SYNOPSES  OF  COMMISSION  LAWIS. 

4.  Ua)  Commissioners    not    to    be    interested    in    any    railroad,     lb. 

5.  (la)  Neither  commissioner  nor  secretary  to  hold  any  other  office  or  position 
of  profit  or  serve  on  any  political  committee.     Id. 

6.  (Id)  Salary  of  commissioners  $5,000.     If. 

7.  (1)  Chairman   to  be  elected  by  board.     Ig. 

S.  (2)  Board  may  appoint  secretary  at  $2, .500  per  annum;  three  clerks  at  $1,000 
per  annum;  one  expert  stenographer  at  $1,500  per  annum  and  sucli  other  experts 
a.s   necessary.     Ih. 

9.  Qualifications    of    secretary    same    as    commissioners,      li. 

10.  (2)  Official  title  and  seal.       Ij. 

11.  (2)  Commissioners    to    have    office    at    state    capital.      Ik. 

12.  (2a)  Proceedings  of  commission  may  he  held  at  any  place  witliin  the 
state.     Ik. 

13.  (2)  Commissioners  and  employes  to  have  actual  traveling  expenses  paid.  Ik. 

14.  (2)  Commission  may  adopt  rules  and  regulations.    11. 

15.  Commission  may  confer  with  other  state  commissions  or  with  interstate 
commerce   commission.     Im. 

16.  (22)  Term   railroad   defined.     2. 

17.  (3)  Commission  to  have  authority  over  all  railroads  and  express  com- 
panies and  common  carriers.     2a. 

18.  (22)  Act  does   not   apply   to    electric   street   railroads.     2b. 

19.  (3)  Railroads  required  to  furnish  reasonably  adequate  service  and  facili- 
ties.    3. 

20.  Railroads  shall  be  required  to  keep  time  schedules  filed  witli  commission. 
4. 

21.  Time    schedules   to   be   kept    on    file    at   all    railroad    stations.     4. 

22.  Joint  time  schedules   to   be  filed  with   commission.     4. 

23.  Railroads  must  give  ten  days'  notice  to  commission  of  changes  in  time 
schedules.     4a. 

24.  Notice  of  changes  in  time  schedules  must  be  posted  at  railroad  stations. 
4b. 

25.  (3)  Railroads  prohibited  from  charging  more  or  less  than  charge  named 
in  schedules.     4c. 

26.  Commission    may    prescribe    form    for    tariff    schedules.     4d. 

27.  (3)  Joint   rates   shall   be   just    and   reasonable.     5. 

28.  Comomdity   and    special   contract   rate    permitted    if   open    to    public.     6. 

29.  (3)  Uniform    classification    required    on    all    railroads.      7. 

30.  (15e)  Free  and  reduced  transportation.    8. 

31.  (3)  Railroads  must  provide  and  maintain  adequate  depots  and  station 
buildings.     9. 

32.  Distribution   of  cars.     10. 

33.  (29)  Power  of  commission  to  enforce  regulations  for  furnishing  cars,  etc. 
10a. 

34.  (15b)  Interchange  of  traffic.     11. 

35.  Commission  to  have  control  of  private  tracks  used  by  common  carriers. 
11a. 

36.  (6)  Complaints   and   investigations.     12. 

37.  (31)  Commission   may   hold    hearing   on    ten   days'    notice.     12. 

38.  (3)  Commission  to  have  authority  to  fix  rates,  joint  rates,  classifications, 
etc.,   after  hearing.     12. 

39.  (6)  Commission  may  hold  separate  hearings  on  different  matters  of  com- 
plaint.    12a. 

40.  (3)  Commission   may   hold    hearings   on   its   own    motion.     12b. 

41.  Railroads  may   make   complaints.     12c. 

42.  Commission  may  make  regulations  concerning  grade  crossings  in  any 
town   of  state   on   complaint   of   town    officials.     12d. 

43.  (6b)  Commission  may  administer  oaths  and  compel  attendance  of  wit- 
nesses and  production  of  papers  and  records.    13. 

44.  (6b-)  Circuit  court  to  enforce  orders  of  commission   regarding  witnesses.   13. 

45.  (14)  Witnesses  to  be  paid  same  fees  and  mileage  as  civil  cases.     13a. 


SYNOPSES  OF  COMMISSION  LAWS.  I73 

46.  (14)  Authority    to    take    depositions.     13b. 

47.  Complete   record   of   hearings   and    transcript   of   testimony.     13c. 

48.  Transcript    of    testimony    to    be    tiled    with    clerk    of    the    court    in    case    of 
appeal.     13c. 

49.  (2)  Railroad    commission    to    have    authority    to    Hx    reasonable    rates,    fares, 
charges,   classifications   and  joint  rates.     14. 

50.  (3)  Orders   of   commission    to  be   effective   twenty   days   after  service.     14. 

51.  (3a)  Commission    to    have    authority    to    alter    or    amend    order   fixing    rates 
and  transportation.     14a. 

52.  (4)  Commission    to    have    authority    to    apportion   joint    rates.     14b. 

53.  (3)  Commission   to  have  authority  to   fix  and  establish  joint  rates.     14c. 

54.  (3)  All    rates,     charges    and    classification    fixed    by    commission    shall    be 
prima    facie    lawful.     15. 

55.  (3)  Appeal  to  circuit  court  from   orders   of  commission.     16. 

56.  (9)  Appeal  from   orders  of   commission   to  have  precedence   in   circuit  court. 
16. 

57.  (9)  No    injunction    against    commission    except     after    notice    and    hearing. 

16a. 

58.  (3a)  Commission  may  modify   or  amend  order   pending  decision  of  court   on 
aiipeal.     16b. 

59.  (3)  Appeal   to   supreme   court  .within   sixty   days.     16c. 

60.  (8)  Burden    of   proof   on   plaintiff   on   appeal.     16e. 

61.  (9)  Proceedings   in   court  same   as   in    civil   action.     17. 

62.  Compensation   for  serving  papers.     17. 

63.  (14)  Immunity    of    witnesses    except    on   perjury    charge.     17a. 

64.  (20)  Commission    to    furnish   certified    copies   of    orders    on    application.     17b. 

65.  (3)  Commission  to  have  authority  to  inquire   into  all   railroad  business.     IS. 

66.  (13)  Commission    to    furnish    blanks    for    annual    reports    by    railroads.     ISa. 

67.  (13)  Railroads  must   fill  out  and  verify  blanks   for  commission.     18a. 

68.  (11)  Commissioners    and    employes   to   have   right    to    inspect   railroad    books 
and  records.     18b. 

69.  (11)  Commission    may    re(iuirc    railroads    to    furnish    books    and    papers    and 
accounts.     18c. 

70.  (13)  Commission    to    prescribe    uniform    system    of    railroad    accounts.      ISd. 

71.  Commission   may    require   railroads   to    furnish    copies    of   all    contracts.     19. 

72.  Railroads  to  furnish  commission  witli  lists  of  free  and  reduced  transporta- 
tion annually.     19a. 

73.  (12)  Commission  to  ascertain  cost  and  value  of  construction   and   eciuipment 
of   all   railroads    in   state.     20. 

74.  Commission  to  ascertain  amount  of  railroads'   outstanding  bonds,   indebted- 
ness,  credit,  income,  salaries,  wages,   etc.     20. 

75.  (13c)  Commission    to    ascertain    interstate    traffic    and    report    complaints    to 
interstate  commerce  commission.     21. 

76.  (15)  Discrimination   by   railroads  in   rates,   classification,   etc.,   prohibited.    22. 

77.  Railroads    must   pay    reasonable    rental    for    facilities    furnished    for    trans- 
porting property.     22a. 

78.  (15)  Railroads   prohibited    from    granting   rebates.     24. 

79.  (13a)  Railroad   officers  and   eini)lnycs   fill   out   and   return   l)lanl<s    to   commis- 
sion.    26.' 

80.  (i3)  Railroad    officers    and    employes    must    exhibit    books    and    records    to 
commissioners  or  authorized   employes.     26. 

81.  (18)  General   penalty   for   violation   of   law   by   railroads.     27. 

82.  Commission    to    have    authoritj'    to    make    emergency    rates.     28. 

83.  (3)  Commission  to  have  authority   to  regulate   any   rates  or  practice  affect- 
ing  transportation   by    railroads.     29. 

84.  (28)  Railroads   must   notify   commission    immediately    of   accidents   involving 
loss  of  life.     30. 

85.  (28)  Commission    to    have    authority    to    investigate   accidents    involving    loss 
of   life.     30. 

S6.     (21)  All   railroad    laws   to  be   enforced   by   commission.     31. 


2»y^  SYNOPSES  OF  COMMISSION  LAWS. 

87.  Commission    may    investigate    claims    against    railroads.      32. 

88.  Technicalities   not   to   invalidate   commission   law.     33. 

89.  (23)  Penalties   cumulative   and   rights   of   action    not   waived.     34. 

90.  Railroad    desiring    to    advance    rates    must    make    application    to    commis- 
sion. .35. 

91.  (3)  Railroads   may   appeal   to   circuit   courts   from    order   of   commission.     35 

92.  (3)  Powers  and  duties  conferred  on   railroad  commissioners  to  be  exercised 
bv  the  railroad  commission.    36. 


INDEX  TO  KAILROAD  COMMISSION  LAW   OF   1907. 


ACCIDENTS,  RAILROAD:                                                                                             Sec.  Page 

Commission   to   investigate   certain 28  4;j 

Must   be    reported    monthly    to    commission 37  40 

ACCOUNTS  AND  RECORDS: 

Commission    may   prescribe    form    of   for   companies ly  32 

ACCOUNTS,   BOOKS  AND: 

Railroads  must  produce  on   order   of  commission 13f  35 

AGENT  OR  OFFICER: 

Of   railroad    must   allow    insiiection    of   books 11a  27 

Liable    to    penalty    for    violating    commission    law 38  4a 

Of  railroad  company  must   furnish  information loa  •>> 

Of   railroad,    liability    for   false    billing,    etc 16  38 

AIR  BRAKES: 

Passenger   and    freight    cars    to    have    32  44 

ANNUAL  REPORTS: 

To   be   made   to   commission    by   companies 13  32 

To   be    made    to    governor    by    commission 13b  34 

APPEALS: 

To  supreme   court  from   superior  court 3  17 

Bonds  must  be   furnished  by   carriers  on 3  1'j 

From  orders  of  commission   to   superior  court 3  l(j 

Carriers    must    furnish    bonds    on ". 3  16 

From     order    of    commission     by     complainant 6c  23 

Must   be  taken   within   twenty  days 6c  23 

Shall  be   heard  by  superior  judge  without   jury 6c  23 

Orders    of    commission    provisional    pending 7  24 

Burden    of   proof   to   be    on    railroad   company    on 8  23 

Commission  cases  have   precedence  in  courts 9  26 

By    railroads,    on   valuations    by    commission 12  28 

APPLIANCES,   INSPECTOR  OF  SAFETY: 

To  be  appointed  by  the  railroad  commission 33  45 

Duties  and   authority  of   regarding  equipment 34  45 

APPROPRIATION: 

For  carrying  out  provisions  law  of  1905 24  42 

ATTENDANT,  LIVE  STOCK: 

Free   transportation   may   be   issued    foi- 15  3S 

ATTORNEY  GENERAL: 

Actions  to  enforce  orders   of  cf)mmissi()n   by 9  25 

Suits   to   recover   penalties   brought   by 19  39 

Commission  to  report   violations   to    21  40 

AUTOMATIC  COUPLERS: 

Must  be  provided  on  all   cars  used 32  44 

B 
BILLING,    FALSE: 

Liability  of  railroad  offic<-rs  or  agt'iits  for 16  38 

BI,ANKS: 

For  railroad  reports  to  be   furnished  by   commission 13  32 


176  INDEX   TO    UAILROAD   COMMISSION  LAW 

BONDS:  Sec.     Page 

To   be   given    by   the    commissoners    when    appointed Ic  13 

Must  be  given  on  appeal  from  order  of  commission 3  16 

To  be  given  by  inspector  of  safety  appliances  and  tracks 33  45 

BOOK,  CAR  DISTRIBUTION: 

Railroad   must   keep  for   inspection   of   shippers.;' 29  43 

Right  of  commission   to  inspect   railroad 13f  35 

BOOKS  AND  ACCOUNTS: 

Railroad  must  produce  an  order  of  commission 13f  35. 

BULLETINING  OF  TRAINS: 

Commission  may  adopt  rules  for G  21 

BURDEN  OF  PROOF: 

To   be   on   railroad   company   on   appeal 8  25 

C 
CAPITAL,  STATE: 

Commissioners   shall    reside    at 2  13 

CAPITOL: 

Commission    shall    meet    and    organize    at 2  13 

Commission  shall  have  an  office  at   2  IS' 

CAR  DISTRIBUTING  BOOK: 

Railroads  must  keep  for  inspection  by  shippei's 29  43 

CARS,  TRACKS  AND  EQUIPMENT: 

To  be  inspected  by  commission  inspector 34  45 

CHAIRMAN  OF  COMMISSION: 

To    be   designated    by    the    Governor 1  12. 

Cl\iL  ACTIONS: 

Rules    of    evidence    same    as    in 6  19 

CIVIL  ENGINEER; 

Appointment    and    salary    of    for    commission 2  13 

CLASSIFICATION,   RATE  OR: 

Commission    has    power    to    fix 3  16 

CLWRK,   RATE  AND  STATISTICIAN: 

Appointment  and  salary  of,  for  commission 2  13 

CLERKS: 

Appointment  and  salary  of,   for  commission 2  13 

COLLISIONS  AND  ACCIDENTS: 

Must  be   reported    monthly    to    commission 37  49 

COMMISSION  LAW: 

Terms  used   in,    defined 22  41 

COMMISSION,  RAILROAD: 

How    created,    and    membership '. 1  12 

Members   to   be   appointed   by    governor 1  12 

Term    of    office   of   members    of 1  12 

Governor    to    designate    chairman    of    board 1  12 

Members  of   may  le  removed  by  governor  for  cause 1  12 

Qualifications   of  members    of la  12 

Vacancies  on  board  to  be  filled  by  governor lb  13 

Members   of  board   to   give   surety  bond Ic  13' 

Form  or  oath  of  oflSce  for  members Ic  13 

Salary  of  members  of  board Id  13" 

Members  to  meet  at  state  capitol  and  organize 2  13 

Office   force  to   be    appointed   by    2  13 

Rules  to   be  prescribed  for  government   of 2  13 

Official    designation    of    board 2  13 

Official  seal  must  be  adopted  by 2  13 


INDEX  TO   RAILROAD  COMMISSION   LAW  177 

COMMISSION,  RAILROAD  — Continued.  Sec.      Page 

To   b«  furnished  with  office  at  state   capitol 2  13 

Members  shall   reside  at  state  capital 2  13 

Traveling  expenses -of  members  to  be  paid 2  13 

Sessions    may   be    held    at    different    places ,  2  13 

Orders    of,    effective    in    twenty    days 3  16 

Orders  may  be  appealed  to  superior  court 3  16 

May  fix  rates  and  compel  proper  service 3  15 

Power  of.   regarding  rates,     service,     equipment     and     operation     of 

railroads     3  15 

May   institute  inquiry  on  its  own  motion 3  15 

Orders  of,  take  effect  in  twenty  days 3  16 

Orders  of,  may  be  suspended  by  superior  court 3  16 

Appeal  from  orders  of,  must  be  taken  within  twenty  days 3  16 

Power  to   compel  sufficient    railroad   service 3  .  15 

May   rescind   or   amend    its   orders 3a  17 

May  grant  rehearing  after  six  months 6b'  22 

Joint   rates   may   be   apportioned   by    among  carriers 4  IS 

Courts  may  review  joint  rate  apportionment  orders 4  18 

May   apply  to   the  courts   to   enforce   its   orders 5  19 

Order  of,  may  be  appealed   from  by  complainant 6c  23 

Procedure    regarding   complaints   made    to 6  19 

Shall   give  thirty   days'    notice  of   hearings ^  6  20 

May   issue   process  to  compel   attendance   of  witnesses 6  2U 

Formal    complaints    must    be    in    name    of 6  20 

Different   complaints  may   be   joined   in   same    hearing D  21 

All    grievances   must    be    set    out   in    complaint 6  21 

May  compel  bulletining  of  trains 6a  21 

May    adopt    rules    on    demurrage    and    reciprocal    demurrage Ca  21 

May   prescribe    rules   for  procedure Ca  21 

Orders,  tariffs,  etc.,  by,  to  be  conclusive 7  24 

Orders   to  be   provisional    pending  appeal ._ 7  24 

Orders  of  to  be  enforced   by  superior  court 9  24 

May  employ  experts  to  ascertain  valuations 12  2S 

Railroads  must  tile  cost  data  with 12  28 

To    ascertain    valuations    of   all    railroad    properties 12  28 

Blanks    to    be    prepared    by    for    railroad    reports 13  32 

Form  of  railroad  accounts  to  be  prescribed  by 13  32 

To   have   access  to   all   railroad   records 13  32 

Annual    reports  to  be   made  to   governor  by 13b  34 

Report  interstate  rate  violations  to  Interstate  Commerce  Commission  13c  34 

May   require  railroads   to   ijroduce  books  and   papers 13f  35 

May  make  exceptions  011   long  and  short   haul   rule 15c  37 

Orders  of  must  be  obeyed  by  railroads IS  39 

Certified    copies    of    rates,    orders,    etc..    by 20  40 

To  make   charges   for  copies  for   private   usf> 20  40 

All  railroad  laws  to  be  enforced  by 21  10 

To     investigate    certain    railroad    accidents 28  43 

Shall    reciuire   railroads  to   keep   car  inspection   book 29  43 

May    cause    tracks    and    equipment    to    be    inspected 35  37 

COMMISSIONERS,  RAILROAD  (See,  also,  COMMISION. RAILROAD): 

Qualifications    of,    for    appointment la       12 

May   be   removed   by   governor IV5  13 

Bond  to  be  given  by ■Ic  13 

Oath   of  office  to  be   liled   by Ic  13 

Salary   of,    and   how   payable Id  13 

Must    reside   at   state   capital -  13 

May    administer    oaths,    subpoena    witnesses,    etc..'. 6b  22 

Right    to    inspect    railroad    books    and    papers 11  27 

To    be    contirmed    by    Senate 30  44 


17S  INDEX  TO   R.MLROAD  COMMISSION    LAW 

COJMMISSION  LAW:                                                                                                        Sec.  Page 

Terms    used    In,    defined 22  41 

Express   companies   included   in   provisions   of 27  42 

Emergency,    putting   into   immediate   effect ". 39  49 

COMPENSATION   AND   MILEAGE: 

Witnesses    before    commission 14  35 

COMPLIANCE,  SUBSTANTIAL: 

Only   requirement   in  enforcing  this  act 20  40 

COMPLAINANT: 

May   appeal   from  order  of  commission 6c  22 

COMPLAINTS: 

May  be   made   by   any   person    or  association 6  19 

AVhat    may    be    included    in 6  20 

Thirty  days'  notice  of  hearing  must  be  given  on 6  20 

Must  be  in  name  of  commission  for  formal  hearing 6  20 

Several  may  be  joined  in  one    hearing 6  20 

All  grievances  must  be  set  out   in 6  21 

CONCLL'SIVE: 

Orders,    tariffs,    etc.,    by    commission    to    be 7  24 

CONCLUSIVE,  FINAL  AND: 

Orders   of   commission   are,    if    not   appealed    from 3  17 

CONNECTING  ROADS: 

Must    make   continuous    shipments    of    freight 15b  36 

CONSTITUTIONALITY  OF  ACT: 

Other  sections  not  to  he  affected  by  invalidity  of  one 26  42 

CONSTRUCTION  COST: 

Railroads   must    file   statements    of 12  2S 

Of   all    railroads    in    state    to    be    ascertained 12  28 

COST  OF  CONSTRUCTION: 

Of.  all    railroads   in    state   iX)   be    ascertained 12  2S 

Railroads    must    file    statement    of 12  28 

COUPLERS,  AUTOMATIC: 

Must   be    provided    on    all    cars    used 32  44 

COURTS   (See,  also.   SUPERIOR  AND  SUPREME  COURTS): 

Appeals  to  be  heard  by,  without  .iury   3  17 

May    enforce    obedience    to    commission    orders 5  19 

Where   actions  may  be  brought  to  enforce   orders 5  19 

■CUMULATIVE,    PENALTIES: 

Suit  for  recovery  of  one  not  a  bar  to  another 23  42 

D 
DAMAGES: 

Railroads   liable    for    failure    to    obey    law 17  39 

DEFECTIVE  CARS: 

Railroad    company    shall    not    operate 31  41 

DEFECTIVE  STRUCTURES: 

Not  to  be  used  for  railroad   operations 31  44 

DEFINITIONS: 

Of   terms    used    in    commission    law 22  41 

DEMURRAGE: 

Commission    may    compel    reasonable    charges 3  15 

Charges   by    railroads    to    be    reasonable 3  16 

Commission    may    prescribe    rules    governing 6a  21 

Definition   of,    as    used    in   commission    law 22  41 


INDEX  TO   RAILROAD   COMMISSION   LAW  179 

DEMURRAGE,  RECIPROCAL:  Sec.     Page 

Charges  by   railroads  to  be  reasonable 3  15 

Commissison    may    compel    reasonable    charges 3  10 

DEPOSITIONS: 

Of    witnesses    may    be    taken 14  35 

IMSCRIMINATION,  UNJUST: 

What    shall    constitute,    and    prohibintion    of 15  36 

DRAWBACKS,  REBATES,  ETC.: 

Prohibited,    by    railroad    and    express    companies 15  36 

EMERGENCY:  E 

Putting  commission    law   into    immediate    effect 39  49 

ENGINEER,  CIVIL: 

Appointment  and  salary  of,  for  commission 2  13 

EQUIPMENT,   RAILROAD: 

Must    be    reasonable    and    sufficient '. 3  15 

Commission    may    compel    proper   and    sufficient 3  16 

Railroads     must    provide    proper     and     safe 32  44 

To  be   inspected   by   commission   inspector 34  45 

May  be   inspected   by  order  of  commission 35  47 

EVIDENCE,RULES  OF: 

Before    commission,    same    as   in    civil    actions 6  20 

EXPENSES,   TRAVELING: 

Of  commission  and  officers  to  be  paid  by  state 2  13 

EXPERTS: 

May  be  employed  by  commission  to  fix  railroad  valuations 12  28 

EXPRESS  COMPANIES: 

Definition   of,   as  included   in   commission    law 22  41 

Included    in    provisions    of    commission    law 27  42 

EXPRESS  TARIFFS: 

To   be    fair    and    reasonable 3  15 

F 

FALSE   BILLING,   CLASSIFICATION,   ETC.: 

Liability    of    railroad    officers    or    agents    for 16  38 

FEES: 

For    serving    papers    for    commission 14  35 

To  be   paid   witnesses   for  testifying 14  35 

For  copies  of  papers  or  records  to  be  paid  into  state  treasury 20  40 

FINAL  AND  CONCLUSIVE: 

Orders  of  commission,   if   not  appealed 3  17 

FINES  AND  PENALTIES: 

Must  be  paid   into  state  treasury 19  39 

FORM  OF  ACCOUNTS  AND  RECORDS: 

Commission    may    prescribe    for    companies 13  32 

FREE    TRANSPORTATION: 

May  be  issued  by  railroads  in  certain   cases 15e        38 

FREIGHT  AND   PASSENGER  TARIFFS: 

Commission   may   compel    reasonable    and    sufficient 3  16 

Of   railroad   and   express    companies   to    be    reasonable 3  15 

IREIGHT,   PERISHABLE: 

To    have    precedence    in    shiiiment 15b        36 

FREIGHT  SHIPMENTS: 

Must   be   continuous   over   connecting    roads    15b         36 

FURNITURE  AND  SUPPLIES: 

To  be  purchased  on  order  of  the  governor 2  13 


180  INDEX   TO   RAILROAD   COMMISSION    LAW 

G 

GOVERNOR:  Sec.     Page 

Railroad    commissioners    to    be    appointed    by 1  12 

To  designate   chairman   of  board 1  12 

To    designate    term    of    first    appointees 1  12 

Commissioners    may   be    removed    for   cause   by 1  12 

Vacancies  on  commission  to  be  filled  by lb  13 

Railroad    accidents   to   be    reported    to 28  43 

To   approve   bills   for   furniture   and    supplies 2  13 

H 
HEARING: 

Commission   may   fix    rates   after 3  15 

Commission   must   give   thirty   da>'s'    notice   of 6  20 

Before    commission    must    be    public 6a  21 

Authorized,    to   fix   railroad   valuations 12  28 

HAI'L,  LONG  AND  SHORT: 

Rules  and  exceptions  regulating  charges  for 15c        37 

I 

IMMITNITY  OP  WITNESSES: 

Allowed  to  witnesses  except  for  perjury 14  35 

INSPECTOR,   SAFETY  APPLIANCES  AND   TRACKS: 

Duties    and    authority    of    regarding    equipment 34  45 

Railroad    accidents    to    be    investigated    by 33  45 

To  be  appointed  by   railroad   commission 33  45 

INTERSTATE  RATES: 

Commission    to    investigate    all: 13c        34 

J 
JOINT   RATES: 

Commission     may    apportion,    among    carriers 4  li 

L 

LAW,  COMMISSION: 

Terms  used  in,  defined   22  41 

Express   companies   included    in    provisions   of 27  42 

Emergency     putting    into    immediate     effect 39  49 

LAWS,  RAILROAD: 

All  to  be  enforced  by  commission 21  40 

LIVESTOCK: 

To   have    precedence    in    shipment ^ liJb        36 

Contract    can    not    exempt    carrier    from    liability 23  42 

LIVESTOCK  ATTENDANT: 

Free    transportation    may    be    issued    for 15f         38 

LOCOMOTIVE,  DEFECTIVE: 

Shall    not    be    operated    by    railroad    company 31  44 

Shall    not    be    operated    over    defective    structures 31  44 

LONG  AND   SHORT  HAUL: 

Rules    and    exceptions    regulating    charges    for 15c        37 

M 
MEETINGS: 

Of    commission,    at    any    place    in    state 2  15i 

MILEAGE,  COMPENSATION  AND: 

Of    witnesses    before    commission 14  35 

MONTHLY   REPORTS. 

Of    collisions    and    accidents    to    commission 37  49 


INDEX  TO   RAILROAD   COMMISSION   LAW  181 

O 

OATH  OF  OFFICE:  Sec.     Page 

To  be  filed   by   commissioners   when    appointed le  13 

OFFICE,  TERM  OF: 

Of    members    of    railroad    commission    1  12 

OFFICER  OR  AGENT: 

Of   railroad   must    allow   inspection   of    books 11a  27 

Of  railroad  must  furnish   information 13a  33 

Of   railroads,    liability   for  false   billing,    etc 16  38 

Liable   to   penalty    for   violating   commission    law 38  49 

OFFICIAL  SEAL: 

To    be    adopted    and    used    by    commission 2  13 

ORDERS  OF  COMMISSION: 

May  be  appealed  from  to  the  superior  court 3  16 

Take  effect  in  twenty  days,  unless  appealed.-. 3  16 

May  be  rescinded   or  amended 3a  17 

Rehearing   on,    after   six    months 3b  18 

May  be   enforced   by   order   of   the   courts 5  19 

Penalty   for  refusal   to  obey 5  19 

May    he    appealed    from    by    party    making    complaint 6c  23 

ORDERS  OF  COMMISSION: 

To   be   held   conclusive    in    certain    cases 7  24 

To   be   provisional    pending    appeal 7  24 

To  be  enforced  by  superior  court  decree 9  25 

Attorney  General  to  institute  actions  to  enforce 9  25 

Must   be    obeyed   by   railroads: 18  39 

ORDERS,   TARIFFS,   RATES,   ETC.: 

Commission  to  furnish  copies  on  application 20  40 


P 

PAPERS,    BOOKS   AND: 

Right    of   commission   to   inspect,    railroad 11  27 

PASSENGERS  AND  FREIGHT  TARIFFS: 

Of  railroad   and  express   companies  to  be  reasonable 3  15 

Commission    may    compel    reasonable    and    sufficient 3  16 

PASSES  PROHIBITED: 

List   of   persons   to   whom    free   and    reduced    transportation    may   be 

issued    15e        38 

PENALTIES: 

For  refusal   to  obey   orders  of  the  commission 5  19 

Recovered  by  suit  in   name«  of  the  state 19  39 

PENALTIES  CUMULATIVE: 

Suit  for  recovery  of  one  not  a  bar  to  another 23  42 

PENALTIES,   FINES   AND: 

Must  be  paid  into  state  treasury 19  39 

PENALTY: 

For  refusal   to   till  out  commission   blanlvs 13  32 

PERISHABLE    FREIGHT: 

To  have  precedence  in  shipment 15b        36 

PROCEEDINGS,   RULE  FOR: 

Commission   to   have    power   to   make 2  13 

PROCESS: 

Shall    be    served    as    in    civil    cases 6  20 

PROOF,  BURDEN  OF: 

To    be    on    railroad    company    on    appeal 8  25 


182  INDEX  TO    RAILROAD   COMMISSION    LAW 

PROPERTIES,    RAILROAD:  Sec.     Page 

Commission    to    find    valuation    of    all    in    state 12  28 

PROVISIONAL: 

Orders    of    commission    to    be,    pending    appeal 7  24 

PUBLIC: 

All    hearings    before    commission    must    be 6a  21 

Q 
QUALIFICATIONS: 

Of    inspector   of    safety    appliances    and    tracks 33  45 

QUORUM: 

Majority  of  commission   shall   constitute 2  13 

R 

RAILROAD   ACCIDENTS: 

Commission     to     investigate     certain 28  43 

RAILROAD  COMMISSION  (See  COMMISSION,  RAILROAD): 

RAILROAD  COMPANY: 

Burden  of  proof  rests  with,  on  appeal S  25 

May    petition    commission    for    modification    of    order 9  25 

Must  furnish  schedules  to  commission 10  26 

Must  allow  books  and  papers  to  be  inspected 11  27 

Penalty  for  refusal  to  allow  books  to   be  inspected 11  27 

May   appeal   to   courts   on   railroad   valuations 12  28 

Penalty   for  refusal   to  report   to   commission 13  32 

Must  produce  books  and  accounts   on  order  of  commission 13f  35 

Unjust  discrimination  by,  prohibited 15  36 

Must   handle   business    of    other    roads 15b  36 

Penalty   for  unjust   discrimination   by lod  37 

May  furnish  certain  free  and  reduced  transportation loe  38 

Free    transportation   by,    for   livestock    attendant 15f  38 

Liability   of   agents   of,    for  false    billing,    etc 16  38 

Liable   for  damages   for   failure   to   obey   law 17  39 

Liability  of  for  refusal  to  obey  order  of  commission 18  39 

Shall  not  operate  defective  locomotives  or  cars 31  44 

Must  repair  tracks  and  equipment  on  order  of  the  commission 35  47 

Must   not  run   trains   over  condemned   tracks 36  48 

Must  provide  safe  and  proper  equipment 32  44 

Must  report  all  collisions  and  accidents  to  commission 37  49 

RAILROAD  EQUIPMENT: 

Must    be    reasonable    and    suflScient 3  15 

Commission    may    compel    proper    and    sufficient 3  16 

RAILROAD  LAWS: 

All  to  be  enforced  by  commission 21  40 

RAILROAD  OFFICERS: 

Liable    to    penalty    for    violating    commission    law 38  49 

RAILROAD  PROPERTIES: 

Commission    to    obtain    valuation    of    all 12  28 

RAILROAD  RECORDS: 

Commission  to  prescribe  form  of  and   have   access  to 13  32 

RAILROAD  RATES: 

Shall   be  just,   fair,   reasonable   and  sufficient 3  15 

Commission  may  compel   fair   and  reasonable 3  16 

RAILROAD,   ROAD,   ETC.: 

Terms    used    in    commission    law    defined 21  40 


INDEX  TO   RAILROAD   COMMISSION   LAW  183 

RAILROAD   SERVICE:  Sec.     Page 

Shall    be    just,    fair,    reasonable    and    sufficient 3  15 

Commission   may    compel    proper   and    sufficient 3  16 

RAILROAD  TARIFFS: 

To    be    fair   and    reasonable    3  14 

Commission   may    compel    proper   and    sufficient 3  16 

RAILROADS,   STREET: 

Not  included  in    provision   of  commission   law 22  41 

RATE  CLERK  AND  STATISTICIAN: 

Appointment   and    salary    of    for    commission 2  13 

RATE  OR  CLASSIFICACTION: 

Commission    has    power   to    fix 3  16 

RATE   SCHEDULES: 

Railroads   must   furnish    to   commission 10  26 

Must  be  kept  posted   by   railroads 10  26 

RATES,    INTERSTATE: 

Commission    to    investigate   all 13c         34 

RATES,  JOINT: 

Commission    may    apportion,    among    carriers , 4  18 

RATES,  RAILROAD: 

Shall    be    just,'   fair,    reasonable    and    sufficient 3  15 

Commission    may    compel    fair    and    reasonable 3  16 

RATES,  TARIFFS,  ORDERS,  E^..: 

Commission    to    furnish    copies    on    application 20  40 

REBATES,  DRAWBACKS,   ETC.: 

Prohibited,    by   railroad   and   express   companies 15  36 

RECIPROCAL  DEMURRAGE: 

Charges    by    railroads    to    be    reasonable 3  15 

Commission  may  compel   to  be   reasonable 3  16 

Commission    may   prescribe    rules   governing 6a         21 

Definition    of    as    used    in    commission    law 22  41 

RECORDS  AND  ACCOUNTS: 

Commission  may  prescribe  form  of  and  have  access  to 13  32 

RECORDS,  RAILROAD: 

Commission  to  prescribe  form   of  and  have  access   to 13  32 

REDUCED    TRANSPORTATION: 

May    be   issued   by    railroads    in    certain    cases 15e        38 

REGULATIONS,  RULES  AND: 

By  commission,  on  train  service  and  demurrage 6a        21 

May  be  prescribed   for  commission   proceedings 6a        21 

REH^:ARING: 

May  be  granted   on  orders,   after  si.x   montlis 3b         IS 

Proceedings    by    commission    on 3b        IS 

REPORTS,  ANNUAL: 

To   be  made   to    commission    b.\-    corporations 13  32 

To  be  made  to   governor   by   commission 13b        34 

REPORTS,  MONTHLY: 

Of    collisions    and    accidents,    to    commission -37  49 

ROAT),    RAILROAD,   ETC.: 

Terms   used   in   commission    law   defined 22  41 

ROADS,   CONNECTING: 

Must  make  continuous  shipments  of  freight    lob         36 

RI'lES   and   REGULATIONS: 

By  commission  on  train  service  and  demurrage 6a         21 

'  May   be   prescrii)ed    for  commission    proceedings 6a         21 


184  INDEX  TO     RAILROAD   COMMISSION    LAW 

RULES  FOR   PROCEEDINGS:                                                                                    Sec.  Page 

Commission    to  ^have    power    to  make 2  13 

RULES   OP   BVIDEisTCE: 

Before   commission   same   as    in  civil    actions 6  20 


SAFETY  APPLIANCES,  INSPECTOR  OF: 

To  be  appointed   by   the  railroad   commission 33  45 

Duties    and    authority    of    regarding    equipment 34  45 

SALARY: 

Of  mmbers  of  the   railroad  commission Id        13 

Of  secretary  and  other  employes  of  commission 2  13 

SCHEDULES,   TARIFFS: 

Railroads  must  furnish   to  commission 10  26 

SEAL,   OFFICIAL: 

To  be   adopted  and   used  by  commission 2  13 

SECRETARY  OP  COMMISSION:  '  "'"^ 

Appointment  and   salary  of 2          13 

To    keep    minutes    of    transactions    and    proceedings 2          13 

To   be    paid   traveling    expenses,    when 2          13 

SECRETARY  OF   STATE: 

Oath   of   office   of   commissioners    to    be   filed    with Ic         13 

SENATE: 

Railroad    commission    to    be    confirmed    by 30  44 

SERVICE,   RAILROAD: 

Commission  may  compel  proper  and  sufficient 3  16 

Shall  be  just,   fair,    reasonable  and   sufficient 3  15 

SERVICE.  TRAIN: 

Complaints    about,    and    manner    of    procedure 6  19 

Commission   may   compel    bulletining  of   trains 6a        21 

SESSIONS  OF  COMMISSION: 

May    be    held    at    any    place    in    the    state 2a         14 

SHIPPERS: 

Shall    have    access    to    car    Inspection    book 29  43 

SHIPMENTS  OF  FREIGHT: 

Must   be    continuous    over    connecting    roads 15b        36 

SHORT  AND  LONG  HAUL: 

Rules  and  exceptions   regulating  charges  for 15c         37 

STATE  OF  WASHINGTON: 

Actions   to  enforce   commission  orders    in   name  of 9  25 

Railroads  liable   to   for   refusal   to   obey   commission    orders IS  39 

Suits    for    penalties    in    the    name    of 19  39 

STATE  TREASURER: 

Moneys  received   by  commission  to  be   paid  to 20  40 

STATISTIC  IAN,   RATE  CLERK  AND: 

Appointment    and    salary   of,    for   commission 2  13 

STENOGRAPHER: 

Appointment   and    salary    of,    for   commission 2  13 

STREET  RAILROADS: 

Not   included   in   provisions',  of   commission   law 22  41 

STRUCTURES,    DEFECTIVE: 

Not   to   be    used   for   railroad   operations 31  44 

Must  not  run  trains  over  when  condemned 36  48 


INDEX   TO    RAILROAD   COMMISSION   LAW  185 

SUBSTANTIAL  COMPLIANCE:                                                                                   Sec.     Page 
Only   requirement   in    enforcing   this    act 20  40 

SUPERIOR  COURT: 

Appeal    to,    from    order   of   commission 3  16 

Appeal   to  by  complainant  before   commission 6c  23 

May    compel    attendance    of   witnesses   before   commission 6b  22 

Jurisdiction    of,    to    enforce    orders    of    commission 9  25 

Commission  cases  to  be  given  precedence  by 9  25 

Appeal  to,  on  railroad  valuations 12  28 

Suit  to  recover  penalties  in   Thurston  or  certain  other  counties 19  39 

SUPPLIES,  FURNITURE  AND: 

To  be   purchased   on   order  of  governor .' 2  13 

SUPREME  COURT: 

Appeal    to,    from    superior    court    findings „.      3  17 

Commission    case    precedence    in,    on    appeal 9  25 

T 
TARIFF  SCHEDULES: 

Railroads    must    furnish    to    commission 10  26 

TARIFFS,  FREIGHT  AND  PASSENGER: 

Commission  may  compel  proper  and  sufficient 3  16 

Of   railroad    and    express    companies    to    be    reasonable 3  14 

TARIFFS.   RAILROAD  AND  EXPRESS: 

Must  be  reasonable  and   sufficient 3  15 

Commission  may   compel   proper  and   sufficient 3  16 

TARIFFS,  RATES  AND  ORDERS.  ETC. : 

Commission    to    furnish    copies    on    application 20  40 

TERM  OF  OFFICE: 

Of    members    of    railroad    commission , 1  12 

TRACKS  AND  EQUIPMENT: 

May    be    inspected    by    order    of    commission 35  47 

TRACKS  AND  STRUCTURES: 

Must  not  run  trains  over  when  condemned 36  48 

TRACKS,  CARS  AND  EQUIPMENT: 

To    be    examined    by    commission    inspector 34  45 

TRACK.   INSPECCTOR  OF: 

Railroad    accidents   to   be   in\  estigated    by 28  4."! 

To  be  appointed  by  the  railroad  commission 33  45 

Duties   and    authority    of,    regarding    equipment 34  45 

TRAIN  SERVICE: 

Complaints   about,    and    maner   of   procedure 6  19 

Commission    may    compel    bulletining    of    trains 6a        21 

TRANSPORTATION,  FREE  AND  REDUCED: 

May  be  issued  by  railroads  in  certain  cases 15e        38 

TRAVELING  EXPENSES: 

Of  commission  and  officers   to  V>e  paid   by  state 2  13 

V 

VACANCIES: 

Filled    by    appointment    liy    governor lb         13 

VALUATION: 

On  all  railroad  properties  in  state  by  commission 12  28 


186  INDEX   TO   RAILROAD   COMMISSION   LAW 

W 

WITNESES:                                                                                                                          Sec.  Page 

Commission  may  issue  process  to  enforce  attendance  of 6  20 

May   be   compelled   to   obey  summons   of   commission 6b  22 

Number  of  may  be  limited  by   commission 6b  22 

Compensation   and   mileage    of,    before   commission 14  35 

WITNESSES,  IMMUNITY  OF: 

Allowed  in  testimony  given  except  for  perjury 14  35 


GENERAL  INDEX  TO  RAILROAD  LAWS. 


A 

Page 
ALABAMA: 

Synopsis    of    railroad    laws    of 101 

ANIMALS,    CHILDREN,    BIRDS: 

Prevention    of   cruelty    to    in    transportataion 79- 

APPLIANCES,  SAFETY: 

On  railroad  frogs,  switches,  etc.,   law  of  1907 95 

ARKANSAS: 

Synopsis    of    railroad    laws    of 106 

B 
BAGGAGE,   BICYCLES   AS: 

Must    be    carried    as    by    railroads SO 

BICYCLES  AS  BAGGAGE: 

Must    be    carried    as   by    railroads SO 

BIRDS,  ANIMALS,  CHILDREN: 

Prevention    of   cruelty    to    in    transportaaion 79 

BLACKLISTING: 

Prohibition   of,   relating  to   railroad  employes 81 

C 
CALIFORNIA: 

Synopsis  of  railroad  laws  of.. 109 

CARS,   LUMBER: 

Standards,    supports,    etc.,    to   be   considered    part   of 97 

CATTLE,  HORSES  AND  SWINE: 

Health   certificate   required   on   importation   of 82 

COLORADO: 

Synopsis  of   railroad   laws  of • 110 

COMMISION  LAW: 

Table   of  contents    of    law   of   1907 3 

Text  of  law  of  1907 11 

Index  to  law  of  1907 175 

CONNECTICUT: 

Synopsis  of  railroad    laws   of 112 

CONSTITUTIONAL  PROVISIONS: 

Relating  to  railroad  regulation   l).\'   the  state 7 

CREULTY  TO   CHILDREN,   ANIMALS,   BIRDS: 

Prevention   of   by   railroads   in   transporting 79 

D 

DEMURRAGE,   RECIPROCAI>: 

Text  of  the  law  of  1907 50 


188  GENERAL    [NDEX   TO   RAILROAD   LAWS 

E  Page 

EMPLOYES  OF  RAILROADS: 

Limiting   liours   of  service  of 93 

EMPLOYES'   UNIFORM: 

Rule   as   to   purchase    of   iirohibited 98 

ENGLISH  LANGUAGE: 

Railroad  flagmen   must   speak   and  write 95 

F 
FENCING  RIGHTS  OF  WAY: 

For  the  protection  of  owners  of  stock  injured 94 

FLAGMEN: 

Must   speak    and    write    English    language 95   • 

FLORIDA: 

Synopsis    of    railroad    laws    of 113 

FREIGHT  RATES: 

Maximum,   law   of  1893,    chapter  1 60 

Maximum,   law  of  1893,  chapter  85 62 

Maximum,   law  of  1897,   chapter  68 64 

I'ROGS,  SWITCHES,  ETC.: 

Safety   appliances  on,    law   of  1907 95 

G 
GEORGIA: 

Synopsis   of   railroad    laws   of 115 

H 
HEALTH  CERTIFICATE: 

Required  on  importation  of  horses,   cattle  and  swine S2 

HORSES,  CATTLE  AND  SWINE: 

Health  certificate  required  on  importation  of 82 

HOURS  OF  SERVICE: 

Limiting,   for  employes   of   railroads 93 

I 
ILLINOIS: 

Synopsis  of    railroad    laws    of 116 

INDIANA: 

Synopsis  of    railroad    laws    of 118 

IOWA: 

Synopsis  of    railroad    laws    of 121 

K 
KANSAS: 

Synopsis    of   railroad    laws    of .' •..    124 

KENTUCKY: 

Synopsis   of   railroad    laws- of 127 

L 

LOUISIANA: 

Synopsis  of  railroad   laws   of 127 

LUMBER  AND  SHINGLES: 

Railroads   must  provide   scales   for  weighing  shipments 86 


GEJSERAL  INDEX  TO  RAILROAD   LAWS  189 

LUMBER  AND  SHINGLE  WEIGHERS:                                                                                Page 
To  be  appointed  to  weigh  shipments  beyond   state 84 

LUMBER  CARS: 

Standards,    supports,    etc.,   to   be    considered   part   of 97 

M 
MAINE: 

Synopsis  of  railroad   laws  of 1-8 

MASSACHUSETTS: 

Synopsis   of   railroad    laws    of 130 

MAXIMUM  RATES: 

Of  freight,   law   of  1893,   chapter  1 60 

Of  freight,   law   of  1893,   chapter  85 62 

Of  freight,   law  of  1897,   chapter  68 64 

Of  passengers,  law  of  1905,   chapter  113 88 

MICHIGAN: 

Synopsis    of    railroad    laws    of ; 131 

MINNESOTA: 

Synopsis   of   railroad    laws    of 134 

MISSISSIPPI: 

Synopsis  of  railroad  laws  of 137 

MISSOURI: 

Synopsis    of    railroad    laws    of 140 

MONTANA: 

Synopsis    of    railroad    laws    of 142 

N 
NEVADA: 

Reference   to    commission    law   of   19f)7 143 

NEW  HAMPSHIRE: 

Synopsis  of   railroad  laws  of 143 

NEW  JERSEY: 

Reference   to    commission    law    of    1907 144 

NEW  YORK: 

Synopsis  of   railroad  laws   of 144 

NORTH    CAROLINA: 

Synopsis  of   railroad   laws  of 146 

NORTH  DAKOTA: 

Synopsis  of  railroad   laws  of , 149 

O 
OHIO: 

Synopsis    of    railroad    laws    of 152 

OKLAHOMA: 

Synopsis  of  railroad    laws   of 154 

OREGON: 

Synopsis    of    railroad    laws    of 155 

OVERCHARGES: 

Refund    required    in    excess    of    published    tariff 96 

P 

PASSENGER  RATES: 

Maximum,    law    of    1905,    chapter    113 88 

PENNSYLVANIA: 

Synopsis   of  railroad   laws  of i 157 


190  GENERAL  INDEX   TO   RAILROAD   LAWS 

R 
RATES,   FREIGHT:  Page 

Maximum,    law   of  1893,    chapter  1 60 

Maximum,    law   of   1893,    chapter   85 62 

Maximum,    law    of   1897,    chapter   6S 64 

RATES,  PASSENGER: 

Maximum,  law  of  1905,  chapter  113 88 

RAILROAD  COMMISSION  LAW: 

Table  of  contents   of  amended   law  of  1907 3 

Text   of  the   law   of  1907 11 

RAILWAY   EMPLOYES'    UNIFORMS: 

Rule  as  to  purchase  of  prohibited 98 

RECIPROCAL   DEMURRAGE: 

Text    of   the    law    of   1907 50 

REFUND: 

Must  be  paid  of  excess  amount  collected 96 

RHODE  ISLAND: 

Synopsis  , of  railroad   laws   of 158 

RIGHT  OF  WAY: 

Fencing  of,  and  protecting  owners  of  stock  injured 94 

S 
SAFETY  APPLIANCES: 

On   railroad  frogs,    switches,   etc.,    law   of   1907 95 

SCALPING,  TICKET,  PROHIBITED: 

Law  prohibiting  fraudulent  sale  of  tickets 90 

SERVICE,   HOURS  OF: 

Limiting,    for    employes    of    railroads 93 

SHINGLE  AND  LUMBER  WEIGHERS: 

To  be   appointed  to  weigh   shipments   beyond   state 84 

SHINGLES  AND   LUMBER: 

Railroads   must  provide   scales   for  weighing  shipments 86 

SOUTH  CAROLINA: 

Synopsis  of  railroad  laws  of 159 

SOUTH  DAKOTA: 

Synopsis   of    railroad    laws    of 161 

SWINE,  HORSES  AND  CATTLE: 

Health   certificate   required   on   importation   of 82 

SWITCHES,  FROGS,  ETC.: 

Safety  appliances  on,  law  of  1907 95 

T 
TENNESSEE: 

Synopsis   of   railroad   laws    of 165 

TEXAS: 

Synopsis    of   railroad    laws    of 166 

TICKET  SCALPING: 

Prohibited   by   law   preventing  fraudulent   sale   tickets 90 

U 

UNIFORMS  OF  RAILWAY  EMPLOYES: 

Rule  as  to  purchase   of  prohibited 93 


GENERAL   INDEX   TO   llAILUOAD   LAWS  191 

V 
VERMONT:  Page 

Synopsis  of  railroad  laws  of 169 

VIRGINIA: 

Synopsis  of  railroad  laws   of 171. 

W 

WEIGHERS,   LUMBER  AND  SHINGLES: 

To  be   appointed,    to   weigh   shipments   beyond   state 84 

WEIGHTS  OF  SUPPORTS.  ETC.: 

To  be  considered  part  of  weight  of  lumber  cars 97 

WISCONSIN: 

Synopsis  of  railroad  laws   of 171 


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